Flava Works, Inc. v. Gunter

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 11-3190
Decision Date: 
August 2, 2012
Federal District: 
N.D. Ill., E. Div.
Dist. Ct. erred in granting plaintiff's motion for preliminary injunction on instant copyright infringement action where plaintiff asserted that defendant was contributory infringer by maintaining web page that allowed individuals to view illegal copies of plaintiff's copyrighted videos by connecting said individuals to websites that contained said videos. Issuance of injunction was improper since individuals who by-passed plaintiff's pay wall to watch copyrighted videos are not copyright infringers, and thus defendant could not be contributory infringer, where, as here, there was no evidence that said viewers were copying any of plaintiff's videos. Moreover, record failed to show that defendant had invited any individual to post copies of plaintiff's videos without plaintiff's permission.