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U.S. Court of Appeals for the D.C. Circuit

Case Status

Resolved

Docket Number

16-7013

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Case Updates

Case dismissed

May 13, 2017

The appellants voluntarily dismissed the appeal.

U.S. Chamber urges D.C. Circuit to avoid overly broad reading of Section 111 of the Copyright Act

September 07, 2016

The U.S. Chamber filed an amicus brief in the D.C. Circuit in a dispute that turns on whether FilmOn’s service classifies as a “cable system” under Section 111 of the Copyright Act and, therefore, whether it is eligible for a statutory compulsory license. The Chamber’s brief argued that the Copyright Act’s text, structure, and legislative history all demonstrate that the service is not a cable system. Further, the brief explained that Section 111, as part of a compulsory-licensing scheme, should be construed narrowly. In addition, a narrow construction of Section 111 would be consistent with the United States’ international trade obligations.

William S. Consovoy, Thomas R. McCarthy, and Bryan K. Weir of Consovoy McCarthy Park PLLC served as counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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