We live in an on-demand era. That is especially true in the entertainment industry, where on-demand access has transformed music, movies and other art forms. This spring, the U.S. Supreme Court is set to determine whether one company’s system of transmitting television programs over the Internet violates the Copyright Act. The ruling could have a seismic impact on the television industry and how Americans view television shows.
The case under review turns on the meaning of a “public” performance under the Copyright Act. In American Broadcasting Cos. v. Aereo, No. 13-461, the court will review the U.S. Court of Appeals for the Second Circuit’s favorable ruling for Aereo, the operator of a website that airs publicly available television programs over the Internet (ABC, NBC, CBS, PBS, etc.). A number of television networks and media groups sued Aereo to enjoin the company from providing their programming to its subscribers. The Second Circuit held that the system used by Aereo transmits many private performances rather than any public broadcasts, thus removing it from the ambit of the Copyright Act.
