Broadcast Law Blog

Broadcast Law Blog

Category Archives: Internet Video

Subscribe to Internet Video RSS Feed

Utah Court Enjoins Aereo Service – A Preview of the Supreme Court Decision? Could It Find Aereo to Violate Copyright Law Without Overturning the Cablevision Decision?

Posted in Digital Television, Intellectual Property, Internet Video, On Line Media, Television
Aereo finally lost a court decision.  The US District Court in Utah released a well-reasoned decision finding that the service, by transmitting via the Internet over-the-air TV programming to subscribers without any consent from the TV stations or their program suppliers, violated the copyrights that the stations have in their programming.  Specifically, the Court found … Continue Reading

Digital and Social Media Legal Issues for Broadcasters – Exercise Care in Using Internet Content on Your Digital Properties, And Why Fair Use is Not Always a Defense

Posted in Appearances, Intellectual Property, Internet Video, Music Rights, On Line Media, Website Issues
Social media and other digital platforms are playing a more and more important part of the business of traditional media companies.  In the last few weeks, I’ve participated in two seminars, looking at the legal issues that arise in these areas.  At the Winter Convention of the Wisconsin Broadcasters Association, I conducted a seminar outlining … Continue Reading

What’s Up in Washington For Broadcasters in 2014? — Part 2, Issues beyond the FCC Including Ad Taxes, Music Royalties, Privacy Reforms, and More

Posted in Advertising Issues, Broadcast Performance Royalty, Cable Carriage, General FCC, Intellectual Property, Internet Radio, Internet Video, Music Rights, On Line Media, Privacy
We recently wrote about FCC issues that will be facing broadcasters in this new year.  While broadcasters will no doubt be busy keeping track of what the FCC is up to, they also need to have their eyes on other government agencies, as there are numerous issues that may come from Congress and the other … Continue Reading

Supreme Court Decides to Review Aereo – Why This is Not the New Betamax Case

Posted in Cable Carriage, Digital Television, Intellectual Property, Internet Video, On Line Media, Television
The Supreme Court on Friday announced that is has decided to review the decision of a US Appeals Court in New York finding that the Aereo service of retransmitting over the Internet the signals of local television stations, without permission from or payment to those stations, was legal.  We wrote about the Second Circuit Court … Continue Reading

January Regulatory Dates for Broadcasters and Webcasters – Children’s Television Reports, Quarterly Issues Programs List, Webcaster Elections and Minimum Fees, the Return of Lowest Unit Rates and More!

Posted in AM Radio, Children's Programming and Advertising, General FCC, Internet Radio, Internet Video, Music Rights, Noncommercial Broadcasting, On Line Media, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism
A new month in a new year, and a number of new regulatory dates are upon us for broadcasters – and important dates for webcasters also fall in this month.  So now that the holidays are quickly becoming just a foggy memory, it is time to sharply focus on those regulatory obligations that you have … Continue Reading

What’s Up in Washington For Broadcasters in 2014? — Part 1, FCC Issues

Posted in AM Radio, Broadband Report, Cable Carriage, Digital Television, FM Radio, FM Translators and LPFM, General FCC, Indecency, Internet Video, Multiple Ownership Rules, Noncommercial Broadcasting, Political Broadcasting, Programming Regulations, Public Interest Obligations/Localism, Television, Uncategorized
It is the beginning of another year – and a time to look ahead to look ahead at what broadcasters should expect from Washington in the coming year.  With so many issues on the table, we’ll divide the issues into two parts – talking about FCC issues today, and issues from Capitol Hill and elsewhere … Continue Reading

Mandatory Captioning of IP Delivered Clips of TV Programs? The FCC Seeks Information About Extending Internet Video Captioning Obligations

Posted in Digital Television, Internet Video, On Line Media, Programming Regulations, Television, Website Issues
Closed captioning of video programming repurposed to the Internet has been an obligation of television stations for over a year.  Thus far, most stations have been able to comply with the requirements – as those requirements have only applied to full programs that were captioned when broadcast over the air, and then carried over to … Continue Reading

The Courts Continue To Split on Streaming TV Services – As Boston Court Denies TV Broadcasters Request for an Injunction Against Aereo

Posted in Cable Carriage, Digital Television, Intellectual Property, Internet Video, On Line Media
The battle over services that record and stream over-the-air TV without compensation to TV broadcasters has become even more confusing, with a US District Court judge in Boston denying an injunction to stop the Aereo service in Massachusetts in a suit brought by Hearst Corporation, which owns a local TV station. This decision comes on the … Continue Reading

DC Court Issues Injunction Against FilmOn X for Its Aereo-Like TV-Streaming Service – Increasing Legal Confusion Over TV Public Performance Rights

Posted in Digital Television, Intellectual Property, Internet Video, On Line Media, Television
The US District Court in Washington DC issued a decision earlier this month, enjoining the operation of the television streaming service FilmOn X throughout the United States – except within the Second Circuit (covering NY) where the US Court of Appeals reached a contrary decision in connection with Aereo – a very similar service. Both of these … Continue Reading

Aereo Court Decision Permits Internet Streaming of TV Programs Without Royalties – Undermining the Public Performance Right?

Posted in Cable Carriage, Digital Television, Intellectual Property, Internet Video, Music Rights, On Line Media, Television, Website Issues
We’ve written extensively about copyright issues for audio services, but the big copyright decision that recently made headlines is a TV issue, though one that could have an impact on audio as well. That was the Second Circuit decision in the Aereo case – upholding a lower court decision allowing a company to retransmit over-the-air TV signals … Continue Reading

April FCC Obligations for Broadcasters – Renewals, EEO, Quarterly Issues Programs Lists, Captioning of Live or Near-Live Online Programming, FM Translator Filings, an FM Auction and Comments on Alien Ownership

Posted in Broadcast Auctions, EEO Compliance/Diversity, FM Translators and LPFM, General FCC, Internet Video, License Renewal, Noncommercial Broadcasting, On Line Media, Programming Regulations, Public Interest Obligations/Localism, Television, Website Issues
April is one of those months in which many FCC obligations are triggered for broadcasters. There are the normal obligations, like the Quarterly Issues Programs lists, that need to be in the public file of all broadcast stations, radio and TV, commercial and noncommercial, by April 10. Quarterly Children’s television reports are due to be submitted … Continue Reading

Early October Regulatory Requirements – Quarterly Issues Programs Lists, Children’s TV Reports, Captioning of Internet Programs, Noncommercial Ownership Reports, EEO and Renewal Obligations

Posted in Children's Programming and Advertising, EEO Compliance/Diversity, General FCC, Internet Video, Noncommercial Broadcasting
October is a very important month in the regulatory world, and broadcasters need to be aware of the regulatory deadlines that have already arisen this month, or which will come up in the next few days. This week, TV Newscheck published our latest summary of the state of many of the most significant legal issues facing … Continue Reading

Extension of Time for Comments on Whether an Internet Delivered Video Service Is an MVPD Under the Communications Act

Posted in Cable Carriage, Internet Video
As we wrote last month, the Commission has asked for public comment on whether an Internet delivered video programming service can qualify under the FCC rules and the Communications Act to be treated as a multichannel video programming distributor (an "MVPD").  While the FCC has in the past determined that an MVPD needs to have facilities … Continue Reading

Online Video Services Prompt FCC to Ask for Comments on Definition of MVPD

Posted in Cable Carriage, Internet Video, On Line Media, Television
As technology changes, the definitions in the FCC rules don’t always keep up.  In a public notice released last Friday, the FCC asked for public comment on what its definition of an "MVPD" – Multichannel Video Programming Distributor – means for purposes of its program access rules. These rules limit exclusive contracts for certain programming that one … Continue Reading

Effective Dates for FCC Rules Requiring Captioning of Online Video Announced

Posted in Internet Video, On Line Media, Television
We recently wrote about the FCC’s new rules requiring the captioning of television video retransmitted on the Internet.  Those rules have now been published in the Federal Register, which sets the effective dates for the implementation of those rules.  The rules become effective on April 30, which means that any video that is broadcast on … Continue Reading

Further Details on the New Closed Captioning Rules for IP-Delivered Video Programming

Posted in General FCC, Intellectual Property, Internet Video, On Line Media, Programming Regulations
As we reported last week, the FCC has adopted a Report and Order establishing rules for the closed captioning of video programming delivered via Internet protocol (i.e., IP video), as required by the 21st Century Communications and Video Accessibility Act (CVAA). DWT has now released an advisory with further details about the new rules, which is … Continue Reading

FCC Releases Final Rules on Closed Captioning for IP-Delivered Video Programming

Posted in Digital Television, General FCC, Internet Video, On Line Media, Programming Regulations, Television, Website Issues
This afternoon, the FCC released its long-anticipated Report and Order (R&O) setting forth the Commission’s new closed captioning rules for IP-delivered video programming, pursuant to the 21st Century Communications and Video Accessibility Act (CVAA).  As we explained when the rules were first proposed in September, the CVAA directed the FCC to establish how and when certain … Continue Reading

FCC Overturns Hundreds of TV Closed Captioning Exemptions and Clarifies “Economically Burdensome” Standard in Connection with Captioning Rules

Posted in Digital Television, Internet Video, Programming Regulations, Television
Yesterday, the FCC released an Order that reversed a five-year-old decision by its Consumer and Governmental Affairs Bureau (“CGB” or “Bureau”) that had granted certain video programmers “undue burden” exemptions from the FCC’s closed captioning rules. The reversed Bureau decision had changed the criteria for undue burden exemptions and permanently exempted two video programmers from compliance … Continue Reading

Comment Date Set on FCC Proposals for Internet Video Captioning – Repurposed Video from TV Stations Initial Target of New Rules

Posted in Internet Video, On Line Media, Television
The dates for comments on the FCC proposed rules for the captioning of Internet Video have been set.  Comments are due on October 18 with replies due on October 28.  An associated Federal Register publication also notes that comments can be filed with the Office of Management and Budget about the compliance of the information collection requirements … Continue Reading

FCC Proposes Rules for Captioning of Online Video – Important Considerations for TV Stations Putting Programming on the Internet

Posted in Internet Video, On Line Media
Putting TV or cable programming onto the Internet may soon not be as easy as it once was, as the FCC has just issued its Notice of Proposed Rulemaking on the captioning requirements for online video.  The proposals advanced by the Commission are summarized in our firm’s Advisory on the subject, here.  These rules are … Continue Reading

Accessibility Advisory Committee Releases Report to FCC on Closed Captioning of Internet Video

Posted in Internet Video, On Line Media
As our colleague Brian Hurh wrote today on our sister blog, www.broadbandlawadvisor.com, the Video Programming Accessibility Advisory Committee has released its Report to the FCC on the closed captioning of IP-video programming as required by the 21st Century Communications and Video Accessibility Act passed last October.  A copy of the report released today is available here.  As we explained … Continue Reading

FCC to Review Video Programming Marketplace; Requests Data on MVPDs, Broadcast TV, and Online Video Providers

Posted in Digital Television, Internet Video, Television
The FCC is taking a close look at the video programming marketplace and gathering data that will undoubtedly shape its rules and policies in the coming years.  Its review comes in the form of a periodic assessment of the multichannel video programming industry required by the Communications Act.  By its Further Notice of Inquiry issued … Continue Reading

Federal Court Says No To Internet Retransmission; Section 111 Compulsory License Does Not Permit Internet Broadcasting Without Compliance With Federal Regulations

Posted in Digital Television, Internet Video, On Line Media, Television
As our colleague Brian Hurh wrote recently on our sister blog, the www.broadbandlawadvisor.com, a federal district court last week granted a preliminary injunction prohibiting the mere retransmission of broadcast television programs over the Internet, without more.  The order is not only important for its confirmation of a 2008 Copyright Office decision rejecting Internet retransmission of video programming … Continue Reading

The Basics of Music Licensing in Digital Media – Videos, Podcasts, Commercials, Downloads, Fair Use – What Questions Should You Be Asking?

Posted in Intellectual Property, Internet Video, Music Rights, On Line Media
Broadcasters need to be aware that ASCAP, BMI and SESAC (the "performing rights organizations" or PROs) don’t cover them for all uses of music – especially uses that may be made on station websites.  Offering downloads, podcasts, and streaming video featuring music all require specific permission from music rights holders.  And, as we wrote just last week, … Continue Reading