AIME v UCal Decision Says Streaming Equivalent to Public Performance

NOTE! The title of this post was updated (replacing “Display” with “Performance”) a day after it was originally published. See the update at the bottom of the post for more details.


Last week a federal district court in California decided in favor of the University of California defendants in a lawsuit brought by Ambrose Video Publishing (AVP) and the Association for Information Media and Equipment (AIME). A majority of the decision hinged around whether the plaintiffs had “standing” to bring the suit, and commentary by Kevin Smith and ARL go into more detail about that. The bit that I found interesting was reasoning by the judge that equated “public performance” rights with “streaming.” Far down in the judge’s decision was this line of reasoning:

Thursday Threads: OCLC Moves to Dismiss SkyOCLC, UCLA Sued For Streaming, Paving Cow Paths, Origins of #

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This week’s Thursday Threads highlights includes two legal cases that bear watching. The first is the case of SkyRiver/Innovative Interfaces versus OCLC (covered on DLTJ previously); now that the case has been moved to OCLC’s home court (the federal district court located in Columbus, OH), it is asking for the case to be dismissed. The second legal cases is the UCLA streaming media case, with issues ranging from fair use to licensing terms to DMCA violations; if this one goes to trial we might get some new case law surrounding the intersection of copyright and libraries. The remaining two pieces are a look at how publishers (and librarians) should avoid paving cow-paths and the origins of the hash symbol.