American Broadcasting Companies v. Aereo

On June 25, 2014, Bancroft secured a victory in the Supreme Court on behalf of television producers, marketers, distributors, and broadcasters in ABC v. Aereo, 134 S. Ct. 2498 (2014). Bancroft first secured Supreme Court review of an adverse Second Circuit decision through a successful petition for certiorari. Then, after merits briefing and oral argument, the Supreme Court, by a vote of 6-3, ruled in favor of Petitioners and against Respondent Aereo, which captured over-the-air television broadcasts and retransmitted them over the internet for profit to tens of thousands of paying customers without permission from underlying copyright holders. The Supreme Court held that Aereo “performs” petitioners’ works “publicly” within the meaning of the Transmit Clause, in violation of the Copyright Act. According to the New York Times, this decision was a “major victory for the broadcast networks,” and will have “far-reaching implications for the entertainment and technology business.” Paul D. Clement argued the case and Erin E. Murphy assisted with the briefing.

Supreme Court Opinion
Petition for Writ of Certiorari