Copyright for TV streaming
American Broadcasting Companies v. Aereo
In brief
Aereo lost on the public-performance question: the Court ruled that its transmissions counted as public performances under copyright law.
- Where it stands
- Decided
Decided 6-3 · June 25, 2014 · Opinion by Justice Breyer
- What it’s about
- The Supreme Court ruled that Aereo publicly performed the networks’ copyrighted programs when it sent them over the Internet to subscribers. It overturned the Second Circuit’s ruling and sent the case back to the lower court (remanded).
- Who it affects
- The Court ruled that Aereo’s transmissions of the networks’ copyrighted programs counted as public performances under federal copyright law.
Summary: written with AI from the case record.
What it's about
Aereo's automatic system let subscribers select copyrighted network programs and receive them on Internet-connected devices. The networks sued, claiming Aereo violated their exclusive right to publicly perform their programs.
The case asked how copyright owners’ right to control public performances applies to programs sent over the internet.
Question presented
Does a company "publicly perform" a copyrighted television program when it transmits the program to paid subscribers over the Internet?
What the Court decided
Holding
Aereo performs petitioners’ works publicly within the meaning of the Transmit Clause. 712 F. 3d 676, reversed and remanded.
- Result
- Reversed
The vote
From the opinions
“That claim fails at the very outset because Aereo does not “perform” at all.”
What's next
The case returns to the Second Circuit for further proceedings.
Documents
Opinions
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Opinion added: Aereo
More questions
- What did Justice Scalia criticize?
- He argued that the Court ignored widely accepted rules for when service providers can be held responsible and instead used a cable-TV-like test that could cause confusion.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.