Legal Opinion
Spanski Enterprises, Inc. v. Telewizja Polska, S.A.
Court of Appeals for the D.C. Circuit
Decided March 2, 2018No. 17-7051PublishedCited by 19 opinions
1Opinion of the Court
Tatel, Circuit Judge:
When the owner of a foreign website, acting abroad, uploads video content in which another party holds exclusive United States public performance rights under the Copyright Act and then directs the uploaded content to United States viewers upon their request, does it commit an infringing "performance" under the Act? If so, is it protected from liability by the principle-unquestioned here-that the Act has no extraterritorial application? Answering these questions "yes" and "no," the district court concluded that Polish broadcaster Telewizja Polska was, by transmitting…
2Cases cited27 opinions
- Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
- Morrison v. National Australia Bank Ltd.Supreme Court of the United States · 2010
- Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
- Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.Supreme Court of the United States · 2005
- Halo Electronics, Inc. v. Pulse Electronics, Inc.Supreme Court of the United States · 2016
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3Cited by19 opinions
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- Imapizza, LLC v. At Pizza Ltd.Court of Appeals for the D.C. Circuit · 2018
- BWP Media U.S. Inc. v. Polyvore, Inc.Court of Appeals for the Second Circuit · 2019
- Imapizza, LLC v. At Pizza LimitedCourt of Appeals for the D.C. Circuit · 2020
- Rinat Akhmetshin v. William BrowderCourt of Appeals for the D.C. Circuit · 2020
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