In this article, I will look in-depth at the case of American Broadcasting Cos. v. Aereo, Inc. (Aereo). Aereo centers on an alleged infringement of American Broadcasting Company's (ABC)'s public performance right that was achieved through a complicated technological process meant to circumvent the law. In its opinion, the Supreme Court of the United States tries to stretch the language of the Copyright Act to apply to new technology by analogizing it with more familiar processes, while the dissent calls for reform to come from Congress, not the courts. Before my discussion of the Aereo decision, I will discuss the history of the Copyright Act and how the courts have previously interpreted the public performance right. Finally, I will discuss the current copyright review being conducted in Congress and what the Aereo holding means for future technological advancements and their interaction with copyright law.
Is Copyright Evolving or Mutating? What American Broadcasting Cos. v. Aereo, Inc. Says About U.S. Copyright Law in the Twenty-First Century,
9 J. Bus. Entrepreneurship & L.
Available at: https://digitalcommons.pepperdine.edu/jbel/vol9/iss2/1