Friday, June 28, 2013

Copyright Law - Second Circuit: Cutting Down The Ivi Internet Stream With A Preliminary Injunction

Audiovisual Copyrights, Streaming, Copyright Infringement, Preliminary Injunction

WPIX, Inc. v. ivi, Inc., 691 F.3d 275 (Second Circuit August 27, 2012).  Internet streaming company streams live copyrighted television content without plaintiff copyright owners’ consent. District court issued preliminary injunction.  Second Circuit affirmed principally on the grounds that ivi is not a cable system and thus not entitled to a compulsory license in an opinion that contains a detailed analysis of the statutory definition of cable system and the legislative intent.   Applying the eBay standard, the Second Circuit affirmed the district court’s finding of irreparable harm, balanced the hardships and found that continuing ivi’s broadcasts would cause hardship to the plaintiffs and not serve the public interest.
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