Congressional Digest

Supreme Court Debates October 2014 No. 7 Vol. 17
PRO: American Broadcasting Companies, Disney Enterprises, CBS Broadcasting, et al., Petitioners

Internet Television

The Legality of Rebroadcasting Over-the-air Programming

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PRO: American Broadcasting Companies, Disney Enterprises, CBS Broadcasting, et al., Petitioners

Paul D. Clement, Counsel of Record

In 1976, the U.S. Congress updated Federal copyright law to give additional powers to traditional over-the-air television broadcasters to prevent unauthorized rebroadcasting of their programming. In 2012, a group of broadcasters and other media companies filed suit against Aereo, Inc., alleging that their service, which allowed users to record over-the-air programming from a remote location and then transmit it to an Internet-connected viewing device, constituted a violation of this law. On July 11, 2012, a Federal district court ruled in favor of Aereo. The Second U.S. Circuit Court of Appeals later upheld the decision. The media companies then appealed to…

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