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Day: May 21, 2018

Spanski v Telewizja Polska: domestic copyright infringement from abroad

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, is it protected from liability by the principle – unquestioned here – that the Act has no extraterritorial application?

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