The Uncertain Scope of the Public Performance Right After Aereo (Loyola University Chicago School of Law Research Paper No. 2014-017)(2014)

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The Supreme Court’s recent majority decision in American Broadcasting Companies v. Aereo, Inc. 134 S.Ct. 2498 (2014) holds that a service allowing consumers to watch broadcast television programs over the Internet virtually simultaneously with the original over the air broadcast directly infringes the copyright owners the exclusive rights to “perform the copyrighted work publicly.” The majority overrules the Second Circuit ruling in the same case, and throws into doubt one of the central holdings in the Second Circuit’s Cablevision decision.

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