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Professor Jane Ginsburg

U.S. Implementation of the "Making Available" Right after ABC v Aereo: Are We There Yet?

Event details


Nov 18, 2014
from 05:30 PM to 08:00 PM


King & Wood Mallesons

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In June 2014, the Supreme Court of the United States handed down its opinion in ABC v Aereo. The Court held by majority that Aereo TV's streaming service was a "public performance" within the meaning of US copyright law and therefore amounted to an infringement of copyright.

One of the issues raised in submissions before the Court was the United States' compliance with its international treaty obligations.

The 1996 WIPO Internet Treaties require member states to implement a "making available" right. Australia did this by introducing a right of "communication to the public" as part of the Copyright Amendment (Digital Agenda) Act 2000. By contrast, the United States chose to implement its obligations through the existing rights of distribution and public performance.

In her presentation, Professor Jane C Ginsburg will examine the Aereo decision in light of the United States' obligation to implement a "making available" right.

Professor Ginsburg is the Morton L. Janklow Professor of Literary and Artistic Property Law at Columbia University School of Law and Faculty Director of its Kernochan Center for Law, Media and the Arts.

Professor Ginsburg will deliver her presentation in Sydney at King & Wood Mallesons, Level 61 Governor Phillip Tower, 1 Farrer Place.

Please follow this link for booking details.

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