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Co-sponsored by the Institute for Information Law and Policy; the Advanced Communications Law and Policy Institute; the Federal Communications Bar Association - New York Chapter; the New York State Bar Association’s Entertainment, Art and Sports Law Section, Television and Radio Committee; and Wilkinson Barker Knauer LLP

October 16, 2013

Publication Date



Why pay for cable access to public broadcast television when you can stream it online for a much smaller fee? Meet Aereo and FilmOn (formerly Aereokiller). For a fraction of the cost of your cable bill, you too can catch American Idol, Scandal, and your favorite Sunday football games from your very own rented antenna that captures and transmits the desired broadcast to your Internetequipped device. Unlike Hulu or iTunes, Aereo and FilmOn don’t pay a penny in licensing fees to the major broadcasters for these transmissions. In response, the broadcasters have sued both companies, alleging infringement of the exclusive right to publicly perform the broadcasts. In the Second Circuit, an April decision allows Aereo to remain in business. But in the Ninth and D.C. Circuits, federal judges enforced injunctions against FilmOn. What is in the future for Aereo and FilmOn? And what do the Circuits’ opinions mean for the future of television?

Aero: Changing the Future of Television