Tag Archives: infringement

The Little Antenna That Could? Aereo in the Supreme Court

The Little Antenna That Went to the Supreme Court

Call it “the little antenna that could.” Remember the classic rabbit ears that topped television sets? Now there is a miniature version that doesn’t look like a rabbit but moves very fast. A new device developed by Aereo, Inc. provides access to live TV online for local channels within a given coverage area. Using an array of tiny dime-sized antennas, the system makes it possible to watch television without a television set. For a rate currently around $8-12 per month, subscribers can view and record live television broadcasts over the Internet through mobile electronic devices. Since its inception in 2010, Aereo’s online television playback system has expanded into 11 major U.S. media markets and garnered the company nearly one hundred million dollars ($100,000,000) in funding. This expansion has also earned the small startup company the enmity of major broadcasters and a date in the U.S. Supreme Court.

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Prince of Fair Use

Can a painter/collage artist use copyrighted photographs in his works without permission of the photographer? In a closely-watched case, the Court of Appeals for the Second Circuit said in April that the answer is mostly a “yes.”

The case is important because of the desire and need in culture for artists to refer to other works and artists in order to express themselves — and to connect with the cultural references all around us in popular culture. It just so happens that much of that popular culture is protected by copyright (think of Mickey Mouse, Ansel Adams’ works, the movie Children of Paradise, The Great Gatsby, and so so much more). Seeking permission is time-consuming, sometimes expensive, and runs the risk of being turned down by the rights holder. Invoking the fair use defense is an appealing option – if it’s legal.

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Whose Evil Empire Is It? Trademarks, Baseball, and the New York Yankees

The Trademark Trial and Appeal Board (the “Board”) has answered the question of who is the true Evil Empire of baseball: “There is only one Evil Empire in baseball and it is the New York Yankees.” In addition to validating the feelings of Boston Red Sox fans, who have believed this point to have been true since Babe Ruth’s contract was sold to the Yankees in 1919, the Board’s administrative action points out that trademarks can originate from all over. [In full disclosure, I’m a long-time Red Sox season ticketholder.]

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