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Arnold Lutzker and Ryan Karr Publish Article on Major Supreme Court Copyright Decision

The lead article in the Fall 2014 edition of the AIME newsletter by Arnold Lutzker and L&L law clerk Ryan Karr, “Supreme Developments: Petrella and Aereo,” discusses two recent Supreme Court decisions with major import for copyright law.  In the first, Petrella v. MGM, the Supreme Court addressed the issue of when suit can be brought in copyright infringement actions, holding that laches (an equitable doctrine that bars claims brought after an unreasonable delay) cannot be invoked to bar any claim within the Copyright Act’s three-year statute of limitations.  In the second case, ABC, Inc. v. Aereo, Inc., the Court held that Aereo’s service that allowed subscribers to watch programming originating on local broadcast stations via the Internet on their computers nearly simultaneously with their live broadcast constituted a public performance that infringed the rights of the broadcasters.  Aereo’s argument, which the Court rejected, was that its technology, which assigned each subscriber an exclusive antenna, created individual “private performances.”