US
Copyright Act of 1976 gives copyright owner exclusive right to perform the
copyrighted work publicly.[1] This
is a case[2] of
infringement of broadcasting rights under copyright law, where the defendant Aereo
Inc. started a service over the internet through which its subscribers could
watch TV programmes over the internet at the same time as the programs are
broadcast over the air.
Broadcasters,
distributors, television produces etc. argued that this act of Aereo violates
their exclusive right of public performance provided under the Copyright Act,
1976.
In
response to the above claim Supreme Court hold that the act of Aereo infringes
the right provided under the Copyright Act. The court considered two questions
(1) whether Aereo’s operation amounts to performance (2) whether it’s a public
performance. In answer to first question it concluded activities of Aereo
amounts to performance. Answering the second question it rejected Aereo’s
argument that transmission of program to a subscriber is made through a
specific antenna allotted to that subscriber only so does not constitutes public
performance. The court further clarified that it amounts to transmission to
public or public performance where members of pubic receive the performance at
the same time and place or different times or places. In other words, the
public need not to be situated together.
-Gajendra Khichi
