Plaintiff, SFX Motor Sports, Inc. (now Live Nation Motor Sports, Inc.), sued Robert Davis for providing a link to audio webcasts of its motorcycle racing events on his website, alleging trademark infringement, copyright infringement, and unfair competition. The Court analogized Davis’s unauthorized website link for audio webcasts to the unauthorized satellite transmission of live television broadcasts in National Football League v. PrimeTime 24 Joint Venture, 211 F.3d 10 (2d Cir. 2000). As a step in the process by which copyrighted works made their way to an unintended audience, either unauthorized act should be considered a public display or performance for the purposes of a copyright claim. Accordingly, the Court held that Davis’s unauthorized website link likely constituted copyright infringement and granted Plaintiff’s motion for preliminary injunction.
Live Nation Motor Sports, Inc. v. Davis, No. 3:06-CV-276-L (N.D. Tex. 2006).