Since February 2012, online live TV service “Aereo” has given its subscribers the ability to watch, record and replay over-the-air (“OTA”) broadcast television on any Internet-connected device. Since Aereo’s technology is precariously styled to avoid making public performances or infringing upon reproductions under the Copyright Act, it has so far avoided paying any license fees to broadcasters or content owners for its retransmissions. In July 2012, broadcasters sued Aereo for copyright infringement, but their motion for a preliminary injunction against the service was denied, and on April 1, 2013, the Second Circuit affirmed.
This post was originally published on the Cardozo Arts & Entertainment Law Journal website on September 30, 2013. The original post can be accessed via the Archived Link button above.
Sherman, Brandon, "GUERILLA RADIO: How Unlicensed Live TV Retransmissions Threaten the Music Industry" (2013). AELJ Blog. 24.