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Arista Records, LLC v. Launch Media, Inc
''Arista Records, LLC v. LAUNCH Media, Inc.'', 578 F.3d 148 (2d Cir. N.Y. 2009), is a legal case brought by Arista Records, LLC, Bad Boy Records, BMG Music, and Zomba Recording LLC (collectively, "BMG") alleging that the webcasting service provided by LAUNCH Media, Inc. ("Launch") willfully infringed BMG’s sound recording copyrights.〔(Opinion of the Second Circuit Court of Appeals )〕 The lawsuit concerns the scope of the statutory term “interactive service” codified in 17 U.S.C. § 114, as amended by the Digital Millennium Copyright Act of 1998 ("DMCA").〔(17 U.S.C. §114 )〕 If the webcasting service is an interactive service, Launch would be required to pay individual licensing fees to BMG’s sound recording copyright holders; otherwise, Launch only need to pay “a statutory licensing fee set by the Copyright Royalty Board.”
The United States Court of Appeals for the Second Circuit affirmed the trial court's judgment and ruled in favor of the Launch, finding that the webcasting service provided by Launch does not fall within the scope of the definition of an interactive service as a matter of law.
== Background ==
Launch operates an internet radio website by providing a webcasting service (LAUNCHcast), “which enables a user to create ‘stations’ that play songs that are within a particular genre or similar to a particular artist or song the user selects.” The parties did not materially dispute how LAUNCHcast worked. LAUNCHcast is now known as Yahoo! Music Radio. BMG holds the copyrights in the sound recordings of some of the songs played on the service for users, and has the exclusive right "to perform the copyrighted (recording ) publicly by means of a digital audio transmission."
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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