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Intellectual Property – copyright — public performance
By: WISCONSIN LAW JOURNAL STAFF//June 25, 2014//
Intellectual Property – copyright — public performance
By: WISCONSIN LAW JOURNAL STAFF//June 25, 2014//
Listen to this articleU.S. Supreme Court
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Intellectual Property – copyright — public performance
Aereo performs television stations’ works publicly within the meaning of the Transmit Clause.
The text of the Clause effectuates Congress’ intent. Under the Clause, an entity may transmit a performance through multiple transmissions, where the performance is of the same work. Thus when an entity communicates the same contemporaneously perceptible images and sounds to multiple people, it “transmit[s] . . . a performance” to them, irrespective of the number of discrete communications it makes and irrespective of whether it transmits using a single copy of the work or, as Aereo does, using an individual personal copy for each viewer.
712 F. 3d 676, reversed and remanded.
Breyer, J.; Scalia, J., dissenting.
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