Fox Television Stations, Inc. v. FilmOn X, LLC

Case Updates

The appellants voluntarily dismissed the appeal.

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.