Legal Opinion
Arista Records, LLC v. Launch Media, Inc.
Court of Appeals for the Second Circuit
Decided August 21, 2009No. Docket 07-2576-cvPublishedCited by 5 opinions
1Opinion of the Court
WESLEY, Circuit Judge:
We are the first federal appellate court called upon to determine whether a web-casting service that provides users with individualized internet radio stations — the content of which can be affected by users’ ratings of songs, artists, and albums — is an interactive service within the meaning of 17 U.S.C. § 114(j)(7). If it is an interactive service, the webcasting service would be required to pay individual licensing fees to those copyright holders of the sound recordings of songs the webcasting service plays for its users. If it is not an interactive service, the…
2Cases cited5 opinions
- Towne v. EisnerSupreme Court of the United States · 1918
- LNC Investments, Inc. v. First Fidelity Bank, N.A. New JerseyCourt of Appeals for the Second Circuit · 1999
- United States v. Barbara Nolan and Nhg Pension Associates, Inc., August Mezzetta Gb Resources, Inc. And Gotham Associates, Ltd. PartnershipCourt of Appeals for the Second Circuit · 1998
- Khan v. U.S. Department of JusticeCourt of Appeals for the Second Circuit · 2007
- Bonneville International Corp. v. PetersCourt of Appeals for the Third Circuit · 2003
3Cited by5 opinions
- United States v. American Society of Composers, Authors, & PublishersDistrict Court, S.D. New York · 2009
- In Re Cellco PartnershipDistrict Court, S.D. New York · 2009
- In re Pandora Media, Inc. v. American Society of Composers, Authors, & PublishersDistrict Court, S.D. New York · 2014
- Flo & Eddie, Inc. v. Sirius XM Radio, Inc.District Court, S.D. New York · 2014
- Flo & Eddie, Inc. v. Sirius XM Radio, Inc.New York Court of Appeals · 2016