United States Second Circuit

In copyright infringement action, the district court properly denied plaintiffs' motion for a preliminary injunction barring defendant from transmitting recorded broadcast television programs to its subscribers while the programs are airing on broadcast television, where: 1) the district court correctly concluded the plaintiffs were unlikely to prevail on the merits because defendant's transmissions of unique copies of broadcast television programs created at its users' requests and transmitted while the programs are still airing on broadcast television are not "public performances" of the plaintiffs’ copyrighted works under Cablevision; and 2) plaintiffs have not demonstrated serious questions as to the merits or a balance of hardships that tips decidedly in their favor.

Appellate Information

• Decided 04/01/2013
• Published 04/01/2013

Judges

• DRONEY

Court

• United States Second Circuit

Counsel