Austin Newstrain, Aug

e-NewsletterTexas Press Representing Texas Press Association - July 2014 Ask an Attorney: How to handle copyright infringement July BY ALICIA CALZADA Haynes and Boone, LLP 2014

Q: We live and work in a super-com- A: A company owns the copyright to removed information about the source petitive environment and that’s why I photographs, graphics, articles and any of the works, even just a byline, with the do my darndest to hire and keep such other works of authorship that are cre- intent to enable or conceal the infringe- a talented staff. Their work jumps out ated by its employees in the course of ment, they may have violated the Digi- and grabs readers and advertisers in their employment. Just as you cannot tal Millennium Copyright Act (DMCA). every issue. But now and then, we find use the copyrighted works of others Both violations have statutory damages (or are told about) content produced without permission, your competitors available under the law. by our staff in other newspapers, free (or anyone) cannot use your copy- There are several ways to proceed. sheets and in social media. We didn’t righted work without permission. If Regardless of what you do, it is worth put it there, and we didn’t give permis- they have done so, this is a violation of the time and money to consult with an sion. Any suggestions? copyright law. In addition, if they have ➤ CONTINUED ON PAGE 2

Free registration to first 15 members — APME Austin NewsTrain Associated Press Media Editors --getting ready for the next big transfor- and 8 a.m. to 4 p.m. Saturday, Aug. 23, (APME) will host a a two-day training mative changes in news. 2014 session in Austin on Friday, Aug. 22, Individuals who wish to take ad- Where: The University of Texas School and Saturday, Aug. 23. TPA and UT vantage of the free offer should email of Journalism, 300 W. Dean Keeton, School of Journalism will be paying the [email protected] with name, Austin, Texas 78712. registration fee for the first 15 members title, name of paper, address of paper, Cost: $75. (one per newspaper) who register to at- phone and email address — first come, Registration: Email mhodges@texas- tend Austin NewsTrain. The workshop first served, limit 15 registrations. All press.com sessions will include: others will pay the $75 registration fee, Hotel: By Aug. 7, reserve a room with --planning and coaching content across which includes two full days of training, a king bed for $95 or a room with two platforms, plus continental breakfast, lunch and queens for $105, plus tax, per night at --creating viral content, snacks each day. the Marriott Courtyard. The hotel is at --telling better video stories, The sessions in video storytelling and 5660 Interstate 35 Frontage Road, Aus- --developing a data state of mind, data journalism presume no previous tin, Texas 78751, about 3.7 miles from --finding the best stories in data, experience in either. Registrants do not the workshop site. --managing and surviving change, have to be a member of APME to at- What to bring: Your laptop and smart- --unleashing your watchdog with beat tend. phone for the hands-on exercises. mapping, and When: 9 a.m. to 4 p.m. Friday, Aug. 22, Austin NewsTrain, Aug. 22-23, 2014 ➤ FROM PAGE 1 can be very low, especially when com- attorney to ensure that you are taking the pared with the cost of hiring an attorney path that best fits your needs and goals. to bring the suit. I typically advise victims of infringement There are a few important points to TEXAS PRESS that the approach you take should de- remember about copyright. First, regu- pend on the outcome you desire. If you lar and systematic copyright registration E-NEWSLETTER merely want the infringing use to stop, is essential for ongoing enforcement. sometimes asking is all it takes. Unfor- Registering your copyright with the U.S. tunately a lot of people in the publish- Copyright Office is not required to gain Texas Press Association ing business, especially lower level em- the copyright, which is automatic. How- 718 W 5TH ST STE 100 ployees, have little or no understanding ever, registration prior to infringement Austin, TX 78701-2783 of copyright law. Smart publishers, and confers certain benefits, including the (512) 477-6755 phone upper management of publishing com- availability of statutory damages and at- (512) 477-6759 fax panies, should know that if all they are torney’s fees in the event you need to www.texaspress.com getting is a request to stop infringing, un- take an infringer to court. For this reason, accompanied by a demand for payment, consistent registration is the best way to 2014-2015 or worse a lawsuit, they are dodging a ensure that your work will be protected. TPA Board of Directors bullet. All communications should be in The copyright office has great resources writing, and you should keep a good re- to assist with registration, which can be Officers cord of them. Your request can be infor- done online. President Randy Mankin, The Eldorado mal- simply letting the publisher or editor Second, some uses without permis- Success; First Vice President Glenn Rea, The Cuero Record; Second Vice President Randy know that the use is an infringement and sion may fall under “fair use”. Fair use is Keck, The Community News; Treasurer Patrick that you won’t tolerate it. It can be also a nebulous concept, but a good example Canty, Odessa American; Chairman Greg be a more formal cease and desist letter, is a review, or critique. So if an article is Shrader, The Lufkin News either from you or your attorney. The Na- being critiqued, or a photograph has it- Board Members tional Press Photographers Association self become newsworthy, there may be Elected: Jeff Berger, Hondo Anvil Herald; Neice (NPPA) has a sample cease and desist a fair use defense to using the work, or Bell, New Braunfels Herald-Zeitung; Sue Brown, letter for copyright infringement on its a portion of the work, without permission Pleasanton Express; Bill Crist, Snyder Daily website. Many times a cease and desist in the context of discussion about the News; Mike Winter, The Bowie News letter will come with a demand for pay- work. However, there are many misun- Appointed: Laurie Ezzell Brown, The Canadian Record; J.D. Davidson, Paris News; Brenda ment. derstandings about fair use. Miller-Fergerson, The Pasadena Citizen; Another option is to file what’s called a Finally, it is important to realize that Hank Hargrave, The Normangee Star; Brett DMCA takedown notice. If the infringing if the work is created by a freelancer, McCormick, The Vernon Daily Record; Jim use is online, there is a law that enables Moser, Jackson County Herald-Tribune; Melissa as opposed to a staffer, that freelancer Perner, Ozona Stockman; Danny Reneau, you to contact the internet service pro- owns the copyright, unless there is a Silsbee Bee vider and have them remove the content. written agreement to the contrary. The Regional Presidents: Don Treul, Tri County All ISPs, and social media companies work is still protected by copyright—the Leader, NETPA; Jeff Blackmon, County Star- such as YouTube and Facebook have difference is that because the freelancer News, PPA; Tania French, Port Lavaca Wave, TGCPA; Lisa Davis, Wise County contact information for filing such a no- owns the copyright, the freelancer must Messenger, WTPA tice. Again, the NPPA has a step-by-step enforce and protect those rights. I’ve Regional Vice Presidents: Jessica Woodall, guide to filing a DMCA takedown notice. never met a freelancer who is happy Kilgore News Herald, NETPA; Ashlee Estlack, Sometimes filing a lawsuit is the best about a copyright violation, and so they Clarendon Enterprise, PPA; Kathy Cooke, option for stopping or otherwise dealing Rockdale Reporter, STPA; Sue Brown, will appreciate it if you let them know Pleasanton Express, TGCPA; Mindi Kimbro, with infringing activity. If you are not get- about the possible infringement. Olney Enterprise, WTPA ting the results you are looking for from Some useful links: a demand letter, you should consider Copyright office circular on Group Reg- filing a lawsuit. Copyright infringement istration of Periodicals: http://www.copy- TEXAS PRESS ASSOCIATION lawsuits must be brought in federal court right.gov/circs/circ62b.pdf Joel Allis, Periodicals Consultant and can be expensive, but if your work Copyright Office Circular on Group Fred Anders, Information Technology Director has been registered with the U.S. Copy- Registration of Daily Newspapers: Donnis Baggett, Executive Vice President right Office prior to the infringement, http://www.copyright.gov/circs/circ62a. Diane Byram, Advertising Manager you will be eligible for an award of at- pdf Stephanie Hearne, Controller / Office Manager torney’s fees and you will be eligible for NPPA Sample Cease and Desist/ De- Shawn Jones, Coordinator TexSCAN/Texas statutory damages ranging from $200 to mand letter: Display $150,000, depending on the nature of https://nppa.org/sites/default/files/ Micheal Hodges, Executive Director Ashley Kontnier, Advertising Consultant the infringement and other factors. If you cease_and_desist_sample.pdf Allison Rentfro, Publications Editor have not registered the work prior to the “Two Easy Steps for Using the DMCA Donna Shaw, Administrative Assistant infringement, you will not typically be eli- Takedown Notices to Battle Copyright In- Ed Sterling, Member Services Director gible for attorney’s fees and you will only fringement” by Carolyn E. Wright, Esq. be eligible for actual damages, which https://nppa.org/page/5617 Army Sgt. Billy Mac Brister of Army SP4 Junior B. Pack of Army PFC Ivan Don Homsley of Marine Corps LCPL - Patrick R. Groveton, TX Canadian, TX Aledo, TX Scott of Decatur, TX “Faces Never Forgotten” Texas slow to respond — more feature articles needed “We received one photo of a young men who died in another war in another The Vietnam Veterans Memorial Foun- Canadian soldier who was killed in the country far away, and whose faces and dation (VVMF) project “Faces Never Vietnam War within 24 hours of that sacrifices will never be forgotten.” Forgotten” need of help obtaining miss- week’s newspaper hitting the streets. It To see a list of Texan soldiers whose ing photos of fallen Vietnam veterans was hand-delivered by the woman who photos are still missing, click here. To across Texas and the nation. was his fiancée when he shipped off, view the gallery in progress or get more Newspaper participation in this proj- and who, I imagine, has kept that by- information, go to www.vvmf.org/Wall- ect will help VVMF locate the photos of now worn and fading photograph close of-Faces. all of the soldiers listed on the Vietnam ever since. The goal is to locate all missing pic- Memorial Wall in Washington D.C. “Even more gratifying, though, were tures by Nov. 11, 2014. “The response to our publication of the comments we received from those Your support with this nationwide ef- the “Faces Never Forgotten” story pro- who were reminded of these fallen sol- fort is not only impactful for the families vided by the Texas Press Association diers, who spoke their names again who lost loved ones, but also for the his- was both immediate and gratifying,” for the first time in decades, and who tory involved with the documentation in Laurie Ezzell Brown, publisher and edi- may be inspired to tell their children and remembering their dedication. tor of The Canadian Record said. grandchildren about these too young

CALL FOR JUDGES The New Mexico Better Newspaper Contest will be judged electronically on www.betterbnc.com. Volunteering is now easier than ever as you can judge from your office or home on your own time! Judging is from July 31 - August 14. Click here to volunteer to be a judge or contact Allison Rentfro at [email protected] for more information. NNA annual convention slated for San Antonio The National Newspaper Associa- Hyatt San Antonio which offers While registering make your hotel tion will hold its 128th Annual Con- warm hospitality, bold colors and reservations at the special rate of vention & Trade Show in San Anto- exceptional touches creating a luxu- $159 which is exceptional for a Riv- nio, Oct. 2-5. ry San Antonio Riverwalk hotel that er Walk hotel, but don’t delay as the NNA would like to invite all Texas is perfect for every guest. Discover block is filling up quickly. Press Association members, re- an array of attractions and things to If you have any questions about gardless of NNA member status to do convenient to the hotel; in fact reservations feel free to contact join them in San Antonio at the NNA almost everything in the area is ac- Cindy Joy-Rodgers 540-891-5171 member registration price. cessible by foot, river taxi or trolley. or [email protected]. Registering before the early bird cut off saves you $50 per registration. Click here to register online. When registering select NNA member. Your convention committee has put together a great educational program with excellent speakers and panel discussions. View the full program at http://nnaweb.org/convention. Headquarters will be the Grand CALENDAR July 17-19, 2014: WTPA Convention: West Texas Press Association 84th Annual Convention, Holiday Inn Express, Graham

July 31 - Aug. 1, 2014: TCCJ Smartphone Journalism Training - iPhone - TCU

Aug. 14 - 15, 2014: TCCJ Smartphone Journalism Training - Android - TCU

Sept. 12, 2014: The Freedom of Information Foundation of Texas Annual State Conference: FOI Foun- dation of Texas will host its annual conference at Hilton Austin

Sept. 14-16, 2014: Carmage Walls Leadership Forum - The Tremont House, Galveston, Texas

Oct. 2-5, 2014: National Newspaper Association 128th Annual Convention, Grand Hyatt Hotel - San Antonio Deadline approaching for Carmage Walls Leadership Forum application Southern Newspaper Publishers As- provided at The Tremont House. Appli- group that includes Galveston, New sociation) is hosting its “Carmage Walls cations must be received in the SNPA Braunfels, Seguin, Baytown, Kerrville, Leadership Forum” in Galveston, Sep- office by August 11. Applicants will be Paris, Lufkin, Bay City, Del Rio, Nacog- tember 14-16, 2014. notified by August 15 of selection for doches and Clute. Southern Newspapers, Inc. is the spon- participation. Click here to download sor. This is a small meeting, 20 publish- the application form. ers, where the 1-1/2 days are spent in a “It was one of the best meetings I’ve best practice and idea exchange. Dolph attended because of the format. I like Tillotson of SNPA will be moderating the open, free-flowing discussions and the forum. The program is conceived by the exchange of ideas. Part of that, I the attendees, who set the agenda and think, was because we had such a good contribute to the exchange. To attend, mix of people,” said one past attendee. one must fill out the application and be SNPA is a regional press association approved for consideration. Particpants covering the southern part of the U.S. are required to stay in accommodations SNI is the locally owned newspaper MARK YOUR InDesign, a three part webinar Registration fee: $35 per ses- InDesign 301: Working with Images CALENDARS sion Group discounts are available. and Graphics Thursday, August 21 • Visit our website for more informa- Register by August 18 InDesign offers tion. (Registrations submitted after MUCH more than just placing photos. 2015 TEXAS PRESS the deadline are subject to a $10 late Are you interested in taking your ads MIDWINTER fee) and editorial pages to the next level InDesign 201: Become a Type Su- of design? Then this class is for you. CONFERENCE perhero Thursday, July 10 • Regis- You’ll also see some of the many fea- ter by July 7 It’s easy to put type on tures that integrate InDesign with Il- AND TRADE SHOW a page in InDesign. But using basic lustrator and Photoshop for additional techniques on a large document can power. Some of what you’ll learn: Moody Gardens, be VERY time consuming. Explore • Working with Photoshop files in In- Galveston Master Styles and other techniques Design. that will allow you to create, place and • Using Illustrator files and tools in In- format text quickly and with more ex- Design. citing designs than you might be doing • Cool design tricks that are fun and now. Some of what you’ll learn: easy. • Creating basic Character and Para- Register today at graph Styles. www.onlinemediacampus.com • Format an entire page or ad in sec- onds with Next Styles. Online Media Campus is brought to • Amplify your designs -- and save time you by Southern Newspaper Publish- To improve it takes your quality -- with Nested Styles. ers Association and Iowa Newspaper newspaper input . . . • Much more! Foundation.

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Plan to improve your newspaper Jan. 22-‐24 DOWNLOAD THE REGISTRATION FORMS AT TEXASPRESS.COM Statement of Ownership will now include electronic subscriptions

By Max Heath, NNA Postal Consultant mailing statements. cease to exist. The August PostalOne! “Release 38” For paid newspapers, there will be The National Newspaper Association contains the change that is scheduled one unified 3526 with print and e-sub has confirmed that the unified report- for use on Sept. 7, 2014, according to reporting. Likewise, for requester peri- ing of electronic subscriptions on one odicals, there will be a unified 3526- form with print subscribers, PS Form R for print and e-requesters. Both 3526, Statement of Ownership, Man- hardcopy forms are already posted on agement and Circulation, is sched- Postal Explorer website. Scroll down uled for release in hard copy and in the left blue toolbar to “Postage State- the PostalOne! postage payment sys- ments,” then “Periodicals forms” and tem computers for use in September you will see the updated 3526 and for the Oct. 1 filing date. Newspapers 3526-R dated 7-2014. that use the 3526 to show circulations The new form allows combining the to advertisers will now have one com- total paid print and electronic copies plete form available. for both “Issue closest to filing date” Although this was the way NNA en- and “Average copies for previous 12 visioned it when asking for this rule months,” achieving NNA’s goal to get change back in the last decade, bu- recognition for electronically-fulfilled reaucratic snafus, release schedules, subscriptions or requester copies add- and personnel retirements at the U.S. ed for those newspapers for whom the Postal Service all combined to thwart MTAC representative Brad Hill, presi- Statement of Ownership is their legal our efforts even after the approval three dent of Interlink Software. Other USPS proof of circulation for advertisers, ad- years ago. headquarters personnel had given re- vertising agencies, and public notices. And, in other news, NNA is work- assurances, but this was the first tan- This change will include accessibility ing on a new proposal to eliminate the gible evidence of that. of a single automated online form that “marked copy” for Periodicals. Instead, This means that the 3526-X form that can be completed electronically visa publishers would be able to keep their was required in 2012 and 2013 to re- PostalOne!. Many NNA members prefer marked copies on file for later audit. port electronic subscriptions as an ad- to file the document electronically rather This streamlined compliance rule will dendum will now be a third page of the than hardcopy. aid publishers in timely filing of their previous 3526 form. The 3526-X will USPS consolidation will impact newspaper delivery By Joel Allis, cessing facility. Houston area mailings tation of next day delivery are newspa- TPA Periodicals Consultant should not experience much if any de- pers that you are entering, or dropping lay. Sending Beaumont mail 100 miles by exceptional dispatch, at the delivery USPS announced on June 30 the con- to North Houston will certainly cause post office. To the extent it is practical tinuation of consolidations and closure some delay in delivery for Beaumont as much local mail as possible should of an additional 82 mail processing area newspapers. be dropped at the delivery post office. operations. This follows the 2012 and The Abilene processing facility is With increasing postage costs and de- 2013 closure of 141 processing facili- scheduled to close, with the mail being teriorating delivery service, it is vital to ties nationally. sent 150 miles to Midland or over 200 your future success, and in some cases The new closures will begin in January miles to Austin for processing. This will your survival, to have an online product 2015, and conclude prior to the fall mail- certainly have a negative impact on the available to your non-local subscribers. ing season. Several processing facili- delivery of newspapers currently pro- The goal should be to have an online ties in Texas are scheduled for closure. cessed at Abilene. product that your subscribers are will- These closures will have a negative The Corpus Christi processing facility is ing to pay for, and over time convert as impact on a large number of TPA mem- scheduled to close with the mail being many of your outside county print sub- ber newspapers. Many newspapers will sent nearly 150 miles to San Antonio. scribers to electronic subscribers, and experience an additional day or more in Again, this is going to have a negative attempt to expand your subscriber and delivery time. It’s virtually impossible to impact on delivery for newspapers cur- advertiser base. predict the exact impact but common rently processed at Corpus Christi. If you have any specific questions re- sense tells you that delivery times will The reality facing newspapers, and lating to these closures or other postal be longer. other mailers, nationally, is continued matters, please contact TPA Periodicals The Beaumont and Houston process- increases in postage rates, and contin- Consultant Joel Allis at jallis@texas- ing facilities will close upon completion ued decline in delivery service. The only press.com or at 512-585-6239. of expansion of the North Houston pro- newspapers you can have any expec- JOB BANK The TPA Job Bank is updated as posi- page layout and social media a plus, benefits include: low-cost, partially- tions become available. The Job Bank as well as willingness to do some funded individual health insurance and is a free service for all TPA members general assignment reporting. Send 401K. Relocation expenses also nego- and job seekers. Listings will remain cover letter with salary requirements, tiable for the right candidate. Send a on the Job Bank for 30 days or until resume and clips by email to news@ cover letter and resume to Publisher, notified to remove. E-mail job listings LHIndependent.com. 07/11/2014 Jesse Wright at publisher@pressreg- to: [email protected] or fax to ister.com with “Sports Editor” in the 512-477-6759. Questions? Call 512- Reporter, Sealy, TX - The Sealy subject line. 07/09/2014 477-6755. News has an immediate opening for a full-time reporter to take pictures and Sports Writer, Paris, TX - The COMMUNITY EDITOR, Palestine, TX - cover a wide range of sports, meet- Paris News has an immediate open- The Palestine Herald-Press, an award- ings and events. This position requires ing for a full-time community oriented winning newspaper in beautiful East someone willing to go the extra mile sports writer. Duties include covering Texas, is seeking a community editor to find the story behind the story and games and athletic events of all types to complete its newsroom. Candidate cultivate sources within the commu- for all ages, feature stories, some pho- must have a thorough knowledge of nity. Reporting experience preferred. tography and layout. InDesign train- reporting news for print and digital plat- Job requires knowledge of AP style, ing provided if necessary. Send letter, forms. This editor is also responsible InDesign, Photoshop and web (Blox). resume and writing samples to connie. for editing, design and pagination. We If you’re interested, please respond to [email protected]. 07/08/2014 offer an excellent compensation pack- this ad before someone else does. We age, including a competitive salary, offer: bonus opportunities, health and Editor/General Manager, Cla- paid vacation, 401(k), and medical, dental benefits, paid vacation, and a remore, OK - The Claremore Daily dental, and vision insurance. Please friendly, supportive workplace. Email Progress seeks an experienced, dig- send resume and clips to editor@ resumes to [email protected]. ital-savvy editor-general manager to palestineherald.com or mail to P.O. 07/11/2014 lead its newsroom. Applicants need Box 379, Palestine, Texas 75802. at least five years of management 07/15/2014 Photographer, Paris, TX - The background, knowledge of the opera- Paris News is looking for a full-time tions of all newspaper departments, Marketing Representative, photographer to provide timely and versatile journalism skills and the abil- Fredericksburg, TX - The Fredericksburg engaging photos and content. A pas- ity to inspire and coach the entire staff Standard Radio Post is looking for a sion for community journalism and a to produce quality work for print and professional marketing representative strong work ethic with an ability to online. The Daily Progress is a five- to work with customers in our vibrant meet deadlines is required. The right day newspaper that features website Hill Country market. We are growing candidate will be creative, have excel- and mobile breaking news feeds every and expanding with the addition of lent communication and people skills day of the week. Interested candi- web and niche magazine products, and possess an understanding of the dates should apply online to publisher while maintaining a top newspaper role social media has in community Bailey Dabney at bdabney@clare- that serves its community. We offer a journalism. Must have reliable trans- moreprogress.com. Include a detailed base salary plus commission-based portation, a valid Texas driver’s license, resume, a 500-word cover letter and a compensation, as well as a benefits proof of auto liability and an acceptable representative sample of your journal- package and the chance for long-term driving record. Must be able to work istic expertise.07/03/2014 employment. Email cover letter and flexible hours that may include nights, resume to Ken Esten Cooke, Publisher, weekends and holidays. Send photog- Publisher, Pryor, OK - The Pryor at [email protected], raphy and writing clips to Connie Beard Times seeks a publisher who is com- or drop off at 712 W. Main St. in at [email protected]. mitted to growing revenue and knows Fredericksburg. 07/14/2014 07/09/2014 how to sell print and online. We need someone with a track record in news- Sports Writer, Liberty Hill, TX - Sports Editor, Clarksdale, MS - paper leadership who can create and The Liberty Hill Independent is seeking The Clarksdale Press Register is a execute a multi-platform sales strategy a creative, self-starter to work part-time twice-weekly newspaper focused on that covers print, niche publications, or on a freelance basis covering sports. local news that publishes its print prod- websites and mobile products and Ideal candidate will have a degree in uct on Wednesday and Friday, and understands a quality news product. journalism or a related field, have com- uploads its breaking news stories to The Pryor Times is a 2,500 circulation munity newspaper experience or be a its website daily. Our ideal candidate newspaper in eastern Oklahoma. Send recent graduate with clips, have a love will have a strong grasp of AP style, resume and salary requirements to of sports writing that includes game be familiar with QuarkXPress, be able Mike Beatty, Publisher, 117 E. Fourth coverage as well as finding special fea- to shoot photos and write sports and Street, Joplin, Mo., 64801; or email to ture stories. Experience with InDesign, occasional news pieces. Employment [email protected]. 07/03/2014 Supreme Court Sides With TV Against Aereo When the case was still being heard, TPA Past President, Greg Shrader, addressed this issue in the May Messenger. By Mark Sherman he said. a sham and said the individual anten- Justices Antonin Scalia, Samuel Alito nas are a “Rube Goldberg-like contriv- WASHINGTON (AP) -- The Supreme and Clarence Thomas dissented. Sca- ance” — an overly complicated device Court has ruled that a startup Inter- lia said he shares the majority’s feeling that accomplishes a simple task in a net company has to pay broadcasters that what Aereo is doing “ought not to confusing way — that exists for the sole when it takes television programs from be allowed.” But he said the court has purpose of evading copyright law. the airwaves and allows subscribers to distorted federal copyright law to forbid Smaller cable companies, independent watch them on smartphones and other it. broadcasters and consumer groups portable devices. Broadcasters including ABC, CBS, backed Aereo, warning the court not to The justices said Wednesday by a Fox, NBC and PBS sued Aereo for try to predict the future of television. 6-3 vote that Aereo Inc. is violating the copyright infringement, saying Aereo Indeed, Scalia himself noted that the broadcasters’ copyrights by taking the should pay for redistributing the pro- high court came within a vote of declar- signals for free. The ruling preserves gramming in the same way cable and ing videocassette recorders “contra- the ability of the television networks to satellite systems must or risk high-pro- band” when it ruled for Sony Corp. in a collect huge fees from cable and satel- file blackouts of channels that anger case over recordings of television pro- lite systems that transmit their program- their subscribers. grams 30 years ago. ming. The broadcasters and professional Consumer groups and other interest- Company executives have said their sports leagues also feared that noth- ed parties supporting Aereo began to business model would not survive a loss ing in the case would limit Aereo to react immediately. at the Supreme Court. Following the rul- local service. Major League Baseball The Parents Television Council, a ing, billionaire Barry Diller, Aereo’s most and the National Football League have non-partisan education organization prominent investor, said, “It’s not a big lucrative contracts with the television advocating responsible entertainment, (financial) loss for us, but I do believe networks and closely guard the airing of expressed disappointment. blocking this technology is a big loss for their games. Aereo’s model would pose “We believe that the majority’s opin- consumers, and beyond that I only sa- a threat if, say, a consumer in New York ion failed to reflect the reality of today’s lute (Aereo CEO) Chet Kanojia and his could watch NFL games from anywhere media landscape. This is a ruling for band of Aereo’lers for fighting the good through his Aereo subscription. the status quo that hurts consumers. fight.” The federal appeals court in New Aereo had the potential to break up the Aereo is available in New York, Bos- York ruled that Aereo did not violate bundled-channel cable TV model that is ton and Atlanta among 11 metropolitan the copyrights of broadcasters with its forcing Americans to pay higher cable areas and uses thousands of dime-size service, but a similar service has been bills year after year for channels they antennas to capture television signals blocked by judges in Los Angeles and don’t want or don’t watch,” said PTC and transmit them to subscribers who Washington, D.C. President Tim Winter. pay as little as $8 a month for the ser- The 2nd U.S. Circuit Court of Appeals “Broadcasters deliver their product vice. said its ruling stemmed from a 2008 de- to almost every home in the nation for Some justices worried during argu- cision in which it held that Cablevision free via a license to use the publicly- ments in April that a ruling for the broad- Systems Corp. could offer a remote owned airwaves – a resource that has casters could also harm the burgeoning digital video recording service with- been valued at half a trillion dollars – world of cloud computing, which gives out paying additional licensing fees to and they also generate revenue from users access to a vast online computer broadcasters because each playback cable companies that pay the broad- network that stores and processes in- transmission was made to a single sub- casters to carry their networks as part formation. scriber using a single unique copy proof a programming bundle. Cable com- But Justice Stephen Breyer in his ma- duced by that subscriber. The Supreme panies then pass those costs directly to jority opinion that the court did not in- Court declined to hear the appeal from consumers. And today’s ruling will force tend to call cloud computing into ques- movie studios, TV networks and cable consumers to pay for using a portion of tion. TV channels. the airwaves they already own.” But Breyer also said Aereo should be In the Aereo case, a dissenting judge treated no different from a cable sys- said his court’s decision would eviscer- *This story was supplement with tem. “Aereo’s system is, for all practical ate copyright law. reporting from NetNewsCheck. purposes, identical to a cable system,” Judge Denny Chin called Aereo’s setup