The U.S. Copyright Office has denied Aereo's request to pay
compulsory licensing fees to retransmit broadcast television
signals over the Internet, as cable provides pay to retransmit over
coaxial cable lines. A denial letter dated July 16, 2014 sent to Aereo explains the U.S.
Copyright's position, essentially saying that Aereo is not a
cable service provider, and therefore, not eligible for paying
the compulsory license (a.k.a. statutory license) to authorize
it to retransmit the broadcast television programs.
This rejection puts Aereo between a rock and a hard place.
In June, the U.S. Supreme Court (
ABC et al. v. Aereo) determined that Aereo's streaming
broadcast content over the Internet was a violation of the U.S.
Copyright laws, in part, based on the Court finding similarities
between Aereo's service and that of cable service
providers. The Court reasoned that Congress intended to
regulate the "type of service" that Aereo was providing,
citing the compulsory licensing provisions of the U.S. Copyright
Act, 17
U.S.C. § 111 (§117) Regrettably for Aereo,
the U.S. Copyright Office does not find §117
covers Internet re-transmission. Therefore, Aereo, for now,
cannot pay the statutory
license fee to become an authorized retransmitter of broadcast
television content.
For a more complete discussion on ABC et al. v.
Aereo see...
- Supreme Court finds Aereo's Emerging Online Streaming Technology Hits Copyright Infringement Bullseye; and
- Slings and Aereos of Outrageous Fortune: Supreme Court Rules that Aereo Infringes
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