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ARTICLE · 27 APRIL 2018

Foreign Broadcaster Infringed US Copyright Through Online Streaming

McDermott Will & Emery
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Addressing for the first time the issue of whether the US Copyright Act governs a performance that originated abroad but is accessible by viewers in the United States, the US Court of Appeals ...

United StatesIntellectual Property
Eleanor B. Atkins
Eleanor B. Atkins
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Addressing for the first time the issue of whether the US Copyright Act governs a performance that originated abroad but is accessible by viewers in the United States, the US Court of Appeals for the District of Columbia held that it does, affirming the district court's liability finding and its damages award of more than $3 million. Spanski Enterprises v. Telewizja Polska, S.A., Case No. 17-7051 (DC Cir., Mar. 2, 2018) (Tatel, J).

Telewizja Polska, S.A. (TV Polska), a Polish television broadcaster and owner, operator and creator of the television episodes at issue in this case (TVP Polonia Content), entered into a license granting Spanski Enterprises, Inc., the exclusive right to perform the TVP Polonia Content in North and South America, including via the internet. In accordance with this agreement, TV Polska used geoblocking technology to ensure that internet users in North and South America could not access TVP Polonia Content through its video-on-demand website.

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