FilmOn And The Copyright Act §111 Compulsory Licensing

Web-based television streaming services have been dealt another blow in their campaign to transmit large broadcasters' copyrighted programs. In the latest decision on the issue, a federal judge rejected FilmOn X LLC's claims that the company could stream protected broadcasts without committing copyright infringement. Fox Television Stations, Inc. v. FilmOn X LLC, No. 13-758-RMC (D.D.C. Nov. 12, 2015) (opinion under seal). This ruling follows the Supreme Court's 2014 decision in American Broadcasting Cos. v. Aereo, Inc., which held that Aereo (a provider of over-the-air television service to Internet-connected devices) was unlawfully publicly performing copyrighted works by providing its subscribers access to television programs over the Internet at about the same time as the programs were broadcast over the air.