AEREO: Copyright law and cloud TV

Analysis

The recent US Supreme Court decision in American Broadcasting Companies, Inc., et al., v. Aereo, Inc. of 25 June 2014 has received significant media attention worldwide.

The ongoing legal battle between the major American TV companies and Aereo, a two year old start-up that delivers TV programmes over the internet, has finally reached a conclusion, causing Aereo to cease operations. 

Although this decision addresses the interpretation of a particular service in light of US copyright law, the Aereo case is the latest in a line of significant test cases from across the globe which address copyright issues in the context of cloud-based television services.  The decision has immediate implications in the US for content owners and broadcasters on the one hand, and Aereo-type streaming services on the other, whose models essentially rely on primary broadcast transmissions without payment of licence fees for the underlying content or re-transmission rights.