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Entertainment, Arts, and Sports Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2016

Duke Law & Technology Review

Media & Communications

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Full-Text Articles in Entertainment, Arts, and Sports Law

Aereo And Internet Television: A Call To Save The Dukes (A La Carte), Pooja Patel Jan 2016

Aereo And Internet Television: A Call To Save The Dukes (A La Carte), Pooja Patel

Duke Law & Technology Review

If it looks like a duck, swims like a duck, and quacks like a duck, it is probably a duck. The most recent U.S. Supreme Court decision regarding the Copyright Act employed this “duck test” when determining that Aereo, an Internet content-streaming company, violated the Copyright Act by infringing on the copyrights of television broadcast networks. The Supreme Court ruled that Aereo's Internet streaming services resembled cable television transmissions too closely. Therefore, by streaming copyrighted programming to its subscribers without the cable compulsory license, Aereo violated the Transmit Clause of the 1976 Copyright Act. Subsequently, Aereo used this ...