Professional Documents
Culture Documents
Three cases:
Sony Corp. v. Universal City Studios (1984)
(the Sony or Betamax case)
Cartoon Networks v. CSC Holdings (2008)
(the Cablevision case)
American Broadcasting Co. v. Aereo (2014)
(Aereo)
Legal Background
Quotations in reviews/criticism
Parodies
News reporting
Biographies, scholarly research
Small portion/reasonable purpose
m
Fair Use
Time shifting
Format shifting
Space/location shifting
Contributory Infringement
Concept 3: Volition or
Who Made the Copy?
Examples:
10
11
12
13
14
15
Sony
1. A copyright owner cannot establish
contributory infringement based on a
device that has a substantial noninfringing use
2. Non-commercial, in-home timeshifting is fair use
16
17
Copyright Act:
The owner of copyright under this title has the
exclusive rights to do and to authorize any of the
following:
in the case of . . . motion pictures and other
audiovisual works, to perform and display the
copyrighted work publicly;
18
Copyright Act:
To perform or display a work publicly means
(1) to perform or display it at a place open to the public or at
any place where a substantial number of persons outside of a
normal circle of a family and its social acquaintances is
gathered; or
(2) to transmit or otherwise communicate a performance or
display of the work . . . to the public, by means of any device
or process, whether the members of the public capable of
receiving the performance or display receive it in the same
place or in separate places and at the same time or at
dierent times.
17 U.S. Code 101
19
20
21
22
Cable
Satellite
VOD
23
Cablevision retransmits
with permission
ABC/NBC/CBS/Fox
46
Cust
1
24
Cust
25
Transmission of
personal copy
Cust
46
Cust
n
25
26
27
28
29
Aereo Service
30
Over-the-air
TV broadcast
Aereo records
without permission
46
Cust
1
Cust
25
Transmission of
personal copy
Cust
46
Cust
n
Aereo Mini-Antennas
31
32
33
34
35
Aereo
Broadcaster law suits:
New York
Boston
Utah
District of Columbia
California
36
37
38
Aereo
Aereo argued:
39
40
41
42
43
Dissent . . .
Making matters worse, the Court provides no
criteria for determining when its cable-TV-lookalike
rule applies.
It will take years, perhaps decades, to determine
which automated systems now in existence are
governed by the traditional volitional-conduct test
and which get the Aereo treatment. (And
automated systems now in contemplation will have
to take their chances.)
44
45
Aereo - Consequences?
46
Immediate Consequences
47
48
49
50
51
Fox v. Dish
Aereo: its own equipment housed in a
centralized warehouse outside
consumers homes
Dish w/Sling: programming does not
originate on external servers; consumers
access their own set-top boxes
52
Fox v. Dish
User (not Dish) initiates the space
shifting; subscribers engage in the
volitional conduct necessary for direct
infringement
Subscribers space shifting does not
infringe, so Dish not liable for
contributory infringement
53
A more flexible
standard that would
evolve in the courts (vs.
Congress)?
vs.