American Broadcasting Companies, Inc. v. Aereo, Inc.: Supreme Court Reverses Denial of Preliminary Injunction on Unlicensed Broadcasting of Copyrighted Programming

Fitzpatrick Case Update
June 25, 2014

On June 25, 2014, a divided (6-3) Supreme Court reversed the denial of a preliminary injunction against Aereo’s unlicensed online streaming of copyrighted broadcast programming. The Court held that Aereo’s practices violated 17 U.S.C. § 106(4) of the Copyright Act of 1976, which gives copyright holders the “exclusive righ[t]” to “perform the copyrighted work publicly.”

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