Apples and Oranges


Paul RotellaOn the same day in Washington, DC, June 25, 2014, two significant events occurred in the world of performance rights in broadcasting.  The first was the Supreme Court’s decision in the Aereo case.  Aereo is an on-line television streaming service that captures television broadcasts using thousands of tiny individual antennas (ostensibly one for each subscriber).  It then stores those programs and makes them available to paid subscribers by streaming over the internet.   Aereo claimed that it was not engaging in a public performance of copyrighted material but instead was merely leasing equipment to subscribers who were engaged in a “private performance”.  Broadcasters disagreed and

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