Intellectual Property
Apr. 10, 2014
Aereo doomed by copyright's 'lost ark'?
Given the Copyright Act drafters' intentions, it's hard not to see Aereo's service falling comfortably within their conception of the public performance right.
Peter S. Menell
Koret Professor of Law
UC Berkeley School of Law
Peter is director of the Berkeley Center for Law & Technology.
The U.S. Supreme Court will soon confront whether Aereo Inc.'s service - which affords subscribers nearly real-time access to over-the-air television signals through the use of dime-sized, customer-specific antennas and customer-specific remote digital video recorders - infringes the Copyright Act's public performance right. American Broadcasting Companies Inc. v. Aereo Inc., No 13-461.
The "transmit clause" of the public performance right imposes liability upon those who "tra...For only $95 a month (the price of 2 article purchases)
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