Copyright Office: Aereo Isn't Cable

dfergie

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John Eggerton
The U.S. Copyright Office has informed Aereo that it does not believe it qualifies for a compulsory license, but given that Aereo has raised the issue of its status in court, says it will accept its filings for that license on a provisional basis.

Aereo, citing the Supreme Court's finding that it was similar to a cable system, filed for the compulsory license that would allow it to carry TV station signals, arguing that like cable it was eligible for that license.


The Copyright Office saw it differently. In a letter to Aereo dated July 16, Jacqueline Charlesworth, general counsel and associate register of copyrights, said that, in the view of the Copyright Office, internet transmissions of broadcast TV fall outside the scope of the Sec. 111 license. It cited a Second Circuit decision that the license applies to localized retransmission services that are "regulated as cable systems by the FCC, and said the office "[did] not see anything in the Supreme Court's recent decision that would alter this conclusion."

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