JUSTICE BREYER delivered the opinion of the Court. The Copyright Act of 1976 gives a copyright owner the“exclusive righ[t]” to “perform the copyrighted work publicly.” 17 U. S. C. §106(4). The Act’s Transmit Clause defines that exclusive right as including the right to “transmit or otherwise communicate a performance. . . of the [copyrighted] work . . . to the public, by means of any device or process, whether the members of the public capable of receiving the performance . . . receive it in the same place or in separate places and at the same time or at different times.” §101. We must decide whether respondent Aereo, Inc., infringesthis exclusive right by selling its subscribers a technologically complex service that allows them to watch television programs over the Internet at about the same time as theprograms are broadcast over the air. We conclude that it does.
Posted on: Wed, 25 Jun 2014 15:58:55 +0000