The Copyright Office wants more comment, by Aug....
The Copyright Office wants more comment, by Aug. 14 at http://1.usa.gov/1skSnUq, on its study of digital-age making-available and communication-to-the-public rights, in light of last month’s Supreme Court ruling against Aereo (CD June 26 p1). Noting Aereo came after the office…
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held a May 5 roundtable on its study that includes examining applying U.S. Code Title 17, the Copyright Office said “a critical aspect of the Court’s decision was its interpretation of Title 17’s ‘Transmit Clause.'” That clause allows public performance rights for copyright holders, said the office in a notice in Tuesday’s Federal Register (http://1.usa.gov/1sZPwOp). “To what extent does the Supreme Court’s construction of the right of public performance in Aereo affect the scope” of U.S. implementation of making-available and communication rights, asked the office. “How should courts consider the requirement of volitional conduct when assessing direct liability in the context of interactive transmissions of content over the Internet, especially in the wake of Aereo?” The company may not get much help from the FCC as it seeks to refashion itself after the high-court loss, an analyst predicted. (See separate report below in this issue.)