Intellectual Property Law

New Matter SUMMER 2016, Volume 41, Number 2

Case Comments

LOWELL ANDERSON

Stetina Brunda Garred & Brucker

COPYRIGHTS – CONTEMPT

Defendant was enjoined from providing video on demand equipment and services using remote servers with separate transmitters for each subscriber. After the Supreme Court decision in ABC, Inc. v. Aereo, 134 S.Ct. 2498 (2014), the Defendant announced it qualified for a compulsory license under 17 U.S.C. § 111 and began providing equipment contrary to the injunction. The Defendant neither immediately applied for such license nor sought leave of court to modify or clarify the injunction. A $10,000 per day contempt award to ensure compliance with the injunction was affirmed, as was an award of attorney’s fees under a settlement agreement. CBS Broad., Inc. v. Film-On.com, Inc., 814 F.3d 91, 117 U.S.P.Q.2d 1685 (2d Cir. 2016).

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