Illinois
How American Broadcasting Companies, Inc. v. Aereo, Inc. applies in Illinois: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Illinois law aligns closely with federal copyright law, especially regarding the unauthorized transmission of copyrighted materials. In light of Aereo, Illinois courts are likely to focus on whether a service is reproducing or publicly performing copyrighted works.
In Illinois, as per federal law, the unauthorized retransmission of copyrighted broadcasts without a license can constitute infringement.
The court ruled that public performance rights extend to digital platforms that facilitate unauthorized streaming.
Clarified criteria for when internet service providers might be liable for transmitting copyrighted content.
Illinois's approach mirrors the federal standard, particularly the emphasis on whether a digital service is providing a means for the public to access copyrighted content. However, Illinois courts may apply additional local statutory factors, particularly concerning public performance rights.
Understanding the balance of public performance rights and copyright infringement, as illuminated by Aereo, is often relevant on the Illinois bar exam.