Posts Tagged ‘public performance’

Aereo infringes says international associations and copyright scholars to SCOTUS

March 3rd, 2014

Earlier today, a number of international and foreign associations and copyright scholars filed an Amicus brief in the Supreme Court of the United States in the ABC, Inc. et al v. Aereo, Inc case. The brief brings to the attention of the SCOTUS a number of international treaties and trade agreements respecting copyright that impose obligations on the United States to provide copyright holders with a broad technologically neutral communication to the public right that would cover all aspects of Aereo’s service and make its service infringing.

Aereo heading to the US Supreme Court?

July 18th, 2013

Aereo’s business model of re-transmitting TV broadcasts without a license infringes copyright and should be shut down. Its business model is a “sham” designed to capitalize on perceived loopholes in the US Copyright Act. This was the opinion of Circuit Judge Chin in his dissent in WNET, Thirteen v. Aereo, Inc 2013 WL 1285591 (2nd.Cir.Apr, 1, 2013). He re-iterated these same views in a scathing dissenting opinion disagreeing with his brethren in the Second Circuit who denied a motion to re-hear the case en banc.

Cablevision: How It and Its Doctrines Have Fared Around the World

April 8th, 2013

The annual Fordham IP law conference is, in my view, second to none. This year”s Fordham’s 21st Annual Conference on Intellectual Property Law and Policy was sensational. Great program and fabulous international faculty. IPkat reported on some of the sessions.

On Friday, I was on a panel Performance Rights in Copyright: Public, Private or “Digital”? The speakers and panelists with me were Profs. Tyler Ochoa (Santa Clara U. School of Law) and Jane Ginsburg (Columbia), David Ellen (GC Cablevision), Dr. Silke von Lewinski (Max Planck Institute for IP) and Janet Cullum (Cooley). It was a very timely panel, especially given the recent release of the opinion in WNET, Thirteen v. Aereo, Inc 2013 WL 1285591 (2nd.Cir.Apr, 1, 2013). Judge Chin who delivered the powerful dissent in the Aereo case was in the audience.

Aereo legal for now in New York

April 2nd, 2013

The Second Circuit released an important opinion yesterday ruling that Aereo’s New York based Internet streaming service does not infringe the US public performance right. In WNET, Thirteen v. Aereo, Inc 2013 WL 1285591 (2nd.Cir.Apr, 1, 2013), by a two to one majority, the Court ruled that the technical architecture of the service which is based on “renting” mini-antennas and transcoders to members of the public that are used to stream over the air live broadcasts renders the service non-infringing.

Central to the Court’s ruling was it prior decision in the Cablevision case which according to the Court established the following: .

Copyright law 2012: the year in review in Canada and around the world

January 11th, 2013

Yesterday, I gave a talk at the Law Society of Upper Canada’s 17h Annual Intellectual Property Law: The Year in Review program. My talk canvassed developments in copyright in Canada and around the world in 2012. My slides are shown below. The associated paper prepared in collaboration with Glen Bloom, with the help of others, is available here.

The following copyright cases from Canada, the USA, UK and Ireland, Australia, and  Europe are dealt with in the paper and slides.

Canada

Adobe Systems Incorporated v. Dale Thompson DBAAppletree Solutions, 2012 FC 1219

Aga Khan v. Tajdin, 2012 FCA 12

Understanding Flava Works v myVidster: does inline linking infringe copyright?

August 8th, 2012

Last week, the U.S. Seventh Circuit Court of Appeals released its opinion in the  Flava Works, Inc, v Gunter dba myVidster 2012 WL 3124826 (7th.Cir. Aug 2, 2012) case. The central issue was whether Flava Works, the owner of copyrights in videos, was entitled to a preliminary injunction against the social video bookmarking service myVidster. The injunction which had been granted by the District Court was vacated.