Decisions in Brief

Decisions in Brief

John C. Gatz

©2014. Published in Landslide, Vol. 7, No. 2, November/December 2014, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

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Aereo’s Retransmissions of Broadcasts Are Public Performances

Am. Broad. Cos. v. Aereo, Inc., 134 S. Ct. 2498, 110 U.S.P.Q.2d 1961 (U.S. 2014).The Supreme Court held that defendant Aereo performs over-the-air television programs publicly, in violation of copyrights held by the defendants, comprised of television producers, marketers, distributors and broadcasters. Aereo sells a service that allows its subscribers to watch television programs over the Internet by selecting the show from a menu on Aereo’s website. Aereo’s system, which consists of thousands of small antennas and other equipment housed in a centralized warehouse, tunes an antenna that is dedicated to the use of one subscriber alone, transcodes the signals, and begins streaming the show.

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