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SPANSKI ENTERPRISES v. TELEWIZJA POLSKA, S.A.

No. 17-7051.

883 F.3d 904 (2018)

SPANSKI ENTERPRISES, INC., Appellee v. TELEWIZJA POLSKA, S.A., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 2018.

Attorney(s) appearing for the Case

Andrew L. Deutsch , New York, NY, argued the cause for appellant. With him on the briefs was Mary E. Gately , Washington, DC.

Jonathan Zavin , New York, NY, argued the cause and filed the briefs for appellee. Walter E. Steimel Jr. entered an appearance.

Megan Barbero , Attorney, U.S. Department of Justice, argued the cause for amicus curiae United States of America in support of appellee. With her on the brief were Mark R. Freeman , Attorney, and Sarang Vijay Damle , General Counsel, U.S. Copyright Office.

Thomas G. Hentoff and Connor S. Sullivan , Washington, DC, were on the brief for amici curiae Disney Enterprises, Inc., et al. in support of appellee.

Before: Tatel, Griffith, and Wilkins, Circuit Judges.

When the owner of a foreign website, acting abroad, uploads video content in which another party holds exclusive United States public performance rights under the Copyright Act and then directs the uploaded content to United States viewers upon their request, does it commit an infringing "performance" under the Act? If so,...

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