July 14, 2014
In a June 25, 2014, decision, the U.S. Supreme Court ruled in ABC v. Aereo that Aereo publicly performs copyrighted works, in violation of the Copyright Act’s Transmit Clause, when its technology allows its paid subscribers to watch television programs over the Internet in near real-time as the programs are broadcast over the air. Has the decision increased certainty and predictability in the world of copyright, or did the Court’s reasoning inject more uncertainty? Are there implications in the decision for what is anticipated to be a legislative effort to change existing copyright law?
- Prof. Mark Schultz, Associate Professor and Director of Faculty Development, Southern Illinois University and Senior Scholar and Co-Director of Academic Programs, Center for the protection of Intellectual property, George Mason University School of Law