Copyright

by Mike Masnick


Filed Under:
internet, retransmission, streaming, tpp, tv, ustr

Companies:
aereo, filmon



US Pushing To Kill Any Future Aereo With TPP

from the another-favor-for-hollywood dept

Just a few weeks ago, we were somewhat surprised to see a court rule in favor of FilmOn, an Aereo-clone, arguing that contrary to what was found in the Aereo case, FilmOn's internet streaming of network TV should be seen as the equivalent of a cable channel. That's important, because it means that the company can just pay Section 111 compulsory fees to the Copyright Office, and then it's free to stream broadcast (network) TV over the internet.

The TV networks are, not surprisingly, appealing this ruling, but they have a friend in the USTR, which is apparently looking to negotiate away this very possibility in the TPP. In the just leaked copyright chapter (from May, before the latest round), there's a provision pitched by the US that would demand no country allow any retransmission of TV on the internet without permission:
If you can't see that, it says:
[US/SG/PE propose: CL/VN/MY/NZ/MX/CA/BN/JP oppose: No Party may permit the retransmission of television signals (whether terrestrial, cable, or satellite) on the Internet without the authorization of the right holder or right holders of the content of the signal [SG oppose: and, if any, of the signal].
Once again, the USTR shows that its purpose in these negotiations appears to be to carry water for the legacy industry and against new and innovative services. How is it helping American industry to oppose new innovative services?

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  1. icon
    Whatever (profile), 6 Aug 2015 @ 2:59am

    Re: Ambiguous meaning?

    It's one of the reasons why the hand waving in the story doesn't make a lot of sense.

    The text is specific and correct, as it covers both sides of the deal. That is both the signal and it's content as presented by the station including logos, local news, whatever, and the shows. In order to rebroadcast you would need the permission of both the station and the content creator. In the US, the content creator part is handled via the copyright licensing setup that exists for that purpose.

    The clause isn't stupid at all. It's very clear.

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