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<b>Decision of Note: </b>Webcasts Receive TV Copyright Treatment
The U.S. District Court for the Northern District of Texas, Dallas Division, decided that an unauthorized link to live Webcasts of the plaintiff's SFX Motor Sports Supercross motorcycle races constituted a displayed copy or performance of those copyrightable works. Live Nation Motor Sports Inc. v. Davis, 3:06-CV-276-L.
The district court issued a preliminary injunction against the defendant by noting: 'Litigation over copyright protections for live Internet Webcasts have not made their way into controlling Fifth Circuit opinions (nor any other circuit court opinions that this court could find). Opinions addressing copyright protection for live television broadcasts, however, provide appropriate, analagous guidance in this case.'
The court also explained: 'That SFX does not currently hold copyright registrations for the shows that have yet to take place will not preclude it from obtaining protections afforded to copyright owners under the copyright act, so long as it complies with the statutory formalities within a prescribed time. See, 17 U.S.C. Sec. 411(b). Specifically, SFX must give advance notice of its copyright interest in the broadcast material, prior to the broadcasts, and apply for a copyright registration for each show within three months of the transmission date.'
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