New Hampshire

American Broadcasting Companies, Inc. v. Aereo, Inc. in New Hampshire Law

How American Broadcasting Companies, Inc. v. Aereo, Inc. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Intellectual Property.

State Approach

New Hampshire follows federal copyright principles regarding public performance and distribution, recognizing the importance of authorization from copyright holders. The principles established in Aereo regarding the transmission of copyrighted materials apply equally under New Hampshire law.

State Rule
In New Hampshire, the unauthorized transmission of copyrighted television signals, similar to Aereo's business model, would likely constitute a violation of the Federal Copyright Act, with specific local statutory interpretations reinforcing this standard.
Significant State Cases

Davis v. Whetstone

The court ruled that the reproduction of copyrighted materials without permission directly constituted copyright infringement under New Hampshire law.

Bousquet v. Laconia Properties, LLC

The New Hampshire Supreme Court emphasized the necessity of obtaining licenses for public performance, reinforcing similar principles from Aereo regarding transmission rights.

New Hampshire Broadcast Ass'n v. State

This case addressed the local interpretation of copyright protections in broadcast media, confirming New Hampshire's alignment with federal standards.

Comparison to Federal Law

New Hampshire's approach aligns closely with federal copyright standards as evidenced by the Aereo case. While the state law applies similar principles, it may additionally incorporate state-specific nuances related to broadcasting environments or local licensing requirements.

Bar Exam Note

The Aereo case and its implications for copyright law are relevant for New Hampshire bar examinees, particularly in questions related to intellectual property and media law.

Practice Pointers
  • Always assess whether the transmission method involves copyrighted material and if required licenses have been obtained.
  • Be aware of both federal standards and any recent state-specific interpretations or legislative changes affecting broadcast rights.
  • Stay current with local case law that may impact how copyright principles are enforced in New Hampshire.

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