NY Chapter Luncheon – Aereo: In the Wake of the Supreme Court Argument

When: May 1, 2014 at 12:00pm - 2:00pm EDT - This event has passed

Together with the New York Intellectual Property Law Association, and in recognition of
World IP Day, the New York Chapter of the CSUSA is extending its season with a
special program reviewing the Aereo broadcast streaming case argued in the
Supreme Court on April 22nd.

The Supreme Court will review a Second Circuit ruling permitting Aereo, Inc. to
continue streaming over-the-air television broadcasts to its paying subscribers
without licenses from the networks or other content providers.  The Second
Circuit majority affirmed the district court’s denial of a preliminary
injunction, holding that Aereo’s dedication of one antenna to each subscriber
at any given time (hence thousands of separate antennas) allowing each
transmission to go to only a single user does not constitute a
“public” performance and therefore does not violate the copyright
owners’ public performance right.  Second Circuit judge Denny Chin argued,
in dissent, that the Aereo service is “over-engineered” to take
advantage of a loophole in the Copyright Act’s “Transmit Clause” in the
definition of a public performance.  With federal courts in Massachusetts
and Utah ruling for and against Aereo, respectively, and similar cases for
FilmOnX in California and Washington, D.C. following Judge Chin’s lead, this
issue is ripe for Supreme Court review and our discussion of what constitutes a
“public performance” under the Copyright Act.

our May 1st luncheon, Barry Werbin will tee up the program
with an overview of the legal landscape of Aereo and similar services, and then
moderate a discussion with Jonathan Band and Hillel Parness, who have each been
Counsel of Record on amicus briefs in this case with varying points of

12:00 pm -12:30 pm Networking Reception (cash bar)
pm – 1:00 pm Lunch
1:00 pm – 2:00
pm Program (Please note: event will end promptly)

Cost: Early Bird – $70.00 (Members) $85.00 (Nonmembers) $33.00 (Students – Limited; please email requests to amy@csusa.org)

CLE: The Copyright Society of the USA is a NY CLE Approved Provider. This course is Transitional and
Nontransitional and provides 1.0 Professional Practice Credit
(based on 50 minutes).

Registration Deadline: NOON – APRIL 28, 2014
Online or send check to: The Copyright Society

of the USA,

1 East 53rd
Street Floor 8,
New York NY 10022

F: 212 354-6401

E: amy@csusa.org 


Our distinguished panel of speakers will include:
Barry Werbin is a partner at Herrick, Feinstein LLP where he chairs its Intellectual Property and Technology Group. Barry has extensive practice in Internet law, complex commercial litigation, intellectual property, infringement and a broad variety of IP-related transaction matters. He is an active member of the intellectual property community and formerly lectured at St. Johns Law School and Parsons School of Design. He received his undergraduate degree from the City University of New York, Queens College and his J.D. from Fordham University School of Law where he was a member of the Fordham Law Review

Hillel Parness is a founding partner of the New York office of Robins, Kaplan, Miller & Ciresi L.L.P. Hillel is a highly seasoned litigator and represents a broad variety of individuals and companies in matters arising from emerging technology, media and the Internet. Hillel received his undergraduate degree from Columbia College and his J.D. from Columbia University School of Law where he currently teaches Internet law and intellectual property classes as an adjunct professor.

Jonathan Band
has practiced law for over twenty years and currently manages his own law firm. Jonathan has built special expertise in the intersection between intellectual property and information technology and counsels many Internet company clients on a wide range of intellectual property issues. He is also an experienced legislative advocate and has represented clients with respect to the drafting of influential intellectual property laws including the Digital Millennium Copyright Act (DMCA) and the Stop Online Privacy Act (SOPA). Jonathan received his undergraduate degree with honors from Harvard College and his J.D. from Yale Law School.

Thank you to the following members of the Planning Committee:

Daniela Cassorla
Craig Mende, Fross Zelnick Lehrman & Zissu, P.C.,
Matthew Moore, BuzzFeed, Inc.
Robert J. Rando, The Rando Law Firm P.C.
Barry Werbin, Herrick, Feinstein LLP 

In recognition of years of outstanding, tireless and dedicated service to the
New York Chapter, the Copyright Society would like to extend extra-special
thanks to Craig Mende, who will be concluding his tenure as Co-Chair with this
last meeting of the season.

Registration Hardship Policy

CLE Credit Details

The Copyright Society of the USA is a NY CLE Approved Provider. This course is Transitional and Nontransitional and provides 1.0 Professional Practice Credit (based on 50 minutes).