Copyright Law | Expert Legal Commentary
December 1, 2009
Arista Records v. Launch Media: Webcasting Service Is Not “Interactive” under U.S.C. 114
Arista Records, LLC et al v. Launch Media, Inc.
By
Jan Jensen and Ryan Smith of Zuber & Taillieu LLP
The Second Circuit U.S. Court of Appeals held that a webcasting service that provides users with customized internet radio stations is not an “interactive service” under 17 U.S.C. section 114(j)(7), and therefore need not pay individual licensing fees to sound recording copyright holders. In Arista Records, LLC et al v. Launch Media, Inc., 578 F.3d 148 (2nd Cir. 2009), the Court held that the degree of control that a user exercises over the songs to be played dictates whether the service is “interactive” as defined by the statute. Because the Launch Media service permitted users to select preferred genres and artists, but not specific playlists, the Court found that users did not exert the level of specific control required to define the service as “interactive.” The Second Circuit was the first Circuit court to rule on this issue.
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About the Authors
Jan Jensen is a Partner of Zuber & Taillieu LLP, focusing on intellectual property law and media and entertainment law.
Ryan Smith is a Partner of Zuber & Taillieu LLP, focusing on entertainment law.
Image Credit: ©iStockphoto.com/WillSelarep
View a PDF of the judicial opinion