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American Broadcasting Companies, Inc. v. Aereo, Inc.

United States Supreme Court

573 U.S. 431 (2014)

Relevant factsFree

Aereo (defendant) used a dedicated mini-antenna and individual server file for each subscriber to capture and stream live broadcast TV, saving a separate copy for each subscriber who requested the same show; broadcasters and content owners (plaintiffs) sued for infringement, and the lower courts denied a preliminary injunction, reasoning Aereo's per-subscriber technical setup distinguished it from the cable systems Congress addressed in 1976.

IssueFree

Whether an audiovisual work is performed when its images are shown or sounds made audible, and whether that performance is public when communicated to individuals who do not legally own or possess the underlying copyrighted work.

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