Topic: New Video Distribution Models and the Future of the Cable Compulsory Copyright License
Details: In March 2017, three years after the Supreme Court’s decision that Aereo publicly performed copyrighted programming without a license, the 9th Circuit rejected FilmON’s attempt to claim it was eligible for the compulsory copyright license available to cable companies. And on December 1, 2017, the Copyright Office published an NPRM proposing to codify this holding in its rules. Yet, companies are still attempting to find new ways to bring broadcast television to viewers. In August, YouTube and Sinclair announced an agreement to bring Sinclair’s ABC, CBS, FOX and NBC affiliates to the streaming service. How does the compulsory license apply to new program distribution models and technologies? Should the compulsory licensing regime change to accommodate the new video distribution landscape?
Speakers: Regan Smith (Deputy General Counsel, U.S. Copyright Office); Michael Nilsson (Harris, Wiltshire & Grannis LLP); Michael Kientzle (Arnold & Porter Kaye Scholer LLP); Ari Moskowitz (Mintz Levin) (moderator).