Fight Stream Distributor Can Pursue Claim Against TN Grill

There's no dispute that CJ's Bar & Grill used a $99 personal Showtime license, rather than pay thousands of dollars for a commercial license, to stream the much-anticipated match between the famous boxer Mayweather and McGregor, a popular mixed martial arts fighter, on Aug. 26, 2017. CJ's owner and staff advertised the event and had a $6 coverage charge. Streaming the fight from a personal device, bar staff allegedly used an HDMI cable to stream the match to the bar's televisions, according to the Sixth Circuit's opinion. However, the parties dispute whether a post-fight copyright agreement between the fight's producer Showtime and the plaintiff in the present matter, Joe Hand Promotions (JHP), gave JHP the right to sue later for copyright infringement.

Prior to the fight, the appeals court said, Showtime and Mayweather Productions entered into an agreement that granted Mayweather "exclusively, the right to exhibit and distribute, and authorize the exhibition and distribution of, the [Fight] in the Territory live via the Internet." Mayweather then contracted with smaller distributors, including JHP, to issue commercial licenses and collect fees. JHP then promoted the event and sold commercial licenses to bars and restaurants for amounts ranging from $3,700 to $15,700, depending on occupancy limits.