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Supreme Court Holds Streaming Television Service Aereo Infringes Copyrights

In AMERICAN BROADCASTING COS. v. AEREO, INC., the Supreme Court held that streaming television service Aereo Inc. infringed the copyrights of television producers, marketers, distributors and broadcasters by publicly performing their programs.  The court held that “Aereo performs petitioners’ works publicly within the meaning of the Transmit Clause….”, which gives copyright owners the right to, “transmit or otherwise communicate a performance . . . of the [copyrighted] work . . . to the public, by means of any device or process, whether the members of the public capable of receiving the performance . . . receive it in the same place or in separate places and at the same time or at different times”.  The decision can be accessed at http://www.supremecourt.gov/opinions/13pdf/13-461_l537.pdf.

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