George Mason University Antonin Scalia Law School

Supreme Court Says Aereo has to Play by the Rules

Today in American Broadcasting Companies, Inc. v. Aereo, Inc. the Court held that Aereo’s television service, which re-transmits over-the-air TV signals to subscribers does indeed transmit performances to the public within the meaning of the Copyright Act.

Aereo tried to engineer its system around the law by using individual micro-antennas assigned to each subscriber. Read more

Where Are the Creators? Consider Creators in Copyright Reform

Note:  This post was cross-posted at the CATO Unbound on 2/1/2013.  The January 2013 issue of CATO Unbound feature a debate on copyright reform, Opportunities for Copyright Reform This post responds to the discussion in that issue, but it also stands alone as a critique of copyright reform proposals that favor to consider the importance of creators. Read more

Copyright Reform Through Private Ordering

Note:  This post was cross-posted at the CATO Unbound on 1/14/2013.  The January 2013 issue of CATO Unbound feature a debate on copyright reform, Opportunities for Copyright Reform This post responds to the discussion in that issue, but it also stands alone as a critique of copyright reform proposals that fail to understand how copyright’s nature as a property right allows for tremendous flexibility via private ordering

Derek Khanna’s lead essay, as well as his memo for the Republican Study Committee, urge libertarians and conservatives to rally around copyright reform as both good policy and good politics. Read more