Thus, under the statute, it is not infringement for a consumer to watch a broadcast television program with an antenna at home, yet it is infringement for a service provider to transmit that same program “to the public” by means of “any device or process” without a license. See 17 U.S.C. § 101. Whether the device or process the service provider uses to transmit the program involves the same underlying technology as in-home consumer products is not relevant to the infringement analysis.

50. For all of the above reasons, this Court should rule Dr. Ashton’s pictogram constitutes a proper element of a literary work in accordance with the definition under 17 U.S.C. § 101. Therefore, this Court should rule the pictogram properly forms one of the three lines of text of Dr. Ashton’s poem.

30 Plaintiffs do not claim to own copyrights in the Works through assignment of individual contributions by employees of the federal government who participate in the standard development process “as part of that person’s official duties.” 17 U.S.C. § 101. Defendant presented no evidence that any of the Works at issue contain specific language that was drafted by federal government employees acting in their official duties, much less that all of the language in any of the Works at issue was drafted by federal employees in that capacity.

17 U.S.C. § 101 (definition of “work made for hire”).

And “an article that is normally a part of a useful article is considered a useful article.” 17 U.S.C. § 101. According to the Copyright Office, that includes “an ornamental wheel cover on a vehicle.”

17 U.S.C. § 106(2). The Copyright Act defines a derivative work as “a work based upon one or more preexisting works, such as a translation, . . . abridgement, condensation, or any other form in which a work may be recast, transformed, or adapted . . . .” 17 U.S.C. § 101. Aereo creates an unauthorized derivative work whenever it technologically alters and compresses one of WCVB’s television programs from its original digital broadcast format into a different digital format that is suitable for the internet.

PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment against all Defendants as follows: Against All Defendants With respect to Each Claim for Relief: 1. That Defendants, their agents and servants be enjoined from infringing Plaintiff's copyrights 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 75 26 27 28 COMPLAINT FOR DAMAGES Case 2:16-cv-08130-CBM-PLA Document 24-2 Filed 01/23/17 Page 20 of 39 Page ID #:95 Case 2:16-cv-08130-GW-AS Document 1 Filed 11/01/16 Page 8 of 8 Page ID #:8 in any manner; 2. That Plaintiff be awarded all profits of Defendants plus all losses of Plaintiff, the exact sum to be proven at time of trial, or, if elected before final judgment, statutory damages as available under the Copyright Act, 17 U.S.C. § 101 et seq.; 3. That Plaintiff be awarded its attorneys' fees as available under the Copyright Act, 17 U.S.C. § 101 et seq.; 4. That Plaintiff be awarded pre judgment interest as allowed by law; 5. That Plaintiff be awarded costs of litigation; and 6. That Plaintiff be awarded such further legal and equitable relief as the Court deems proper.

However, because the Monkey Selfies are foreign works, they do not require registration with the Copyright Office. See 17 U.S.C. §§ 101 and 411(a). Moreover, the Compendium does not explain how it reaches the conclusion that animal- created works cannot be registered.

ng considered all matters presented at the hearing on these Motions, and good cause appearing, for the reasons stated in the Memorandum Decision issued on February 19, 2014 (Dkt. 87), hereby GRANTS the Motions and ORDERS THAT: 1. For purposes of this Preliminary Injunction, the following definitions shall apply: a. “Plaintiffs” shall mean Plaintiffs Community Television of Utah, LLC, doing business as KSTU FOX 13; KUTV Licensee, LLC d/b/a KMYU and KUTV; Fox Broadcasting Company; and Nexstar Broadcasting, Inc. b. “Defendant” shall mean Defendant Aereo, Inc. c. “Copyrighted Programming” shall mean each of those broadcast television programming works, or portions thereof, whether now in existence or later created, including but not limited to original programming, motion pictures and newscasts, in which the Plaintiffs, or any of them, (or any parent, subsidiary, or affiliate of any of the Plaintiffs) owns or controls an exclusive right under the United States Copyright Act, 17 U.S.C. §§ 101 et seq. NEXSTAR BROADCASTING, INC. Plaintiff, vs. AEREO, INC. Defendant.

A compilation is defined as: A work formed by the collection and assembling of preexisting materials or of data that are selected, Case 2:13-cv-00846-CJC-RZ Document 59 Filed 03/17/14 Page 17 of 22 Page ID #:915 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 14 - MEMORANDUM OF CONTENTIONS OF FACT AND LAW coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. 17 U.S.C. § 101. Catalogs constitute “compilations” as that term is defined in the Act.