McCarthy Tétrault files brief in U.S. Supreme Court

On March 3, McCarthy Tétrault partner Steven Mason filed an Amicus brief in the United States Supreme Court in the high profile Aereo case in support of the broadcasters and studio appellants who are challenging Aereo’s business model of re-transmitting TV broadcasts  over the Internet without paying retransmission royalties. The brief argues that the international, bi-lateral and multilateral treaties the United States agreed to requires US courts to provide a broad technologically neutral right of communication to the public that would fully cover Aereo's service.

The brief is signed by a “who’s who” of international rights holders, including the International Federation of the Phonographic Industry (IFPI), the International Confederation of Music Publishers (ICMP), International Confederation of Societies of Authors and Composers (CISAC), International Federation of Actors (FIA), International Federation of Film Producers Associations (FIAPF), International Federation of Musicians (FIM), International Video Federation (IVF), national associations in Canada, the United Kingdom and Australia, and leading international copyright scholars from around the world including McCarthy Tétrault partner Barry Sookman. The Amici and their counsel which included co-counsel David Carson, the former General Counsel of the US Copyright Office and now IFPI's global head of legal policy was assisted by Dan Glover an IP partner also at McCarthy Tétrault.

It is very unusual for a Canadian law firm to file a brief in the United States Supreme Court as only U.S. lawyers can appear before the court. However, McCarthy Tétrault litigator Steven Mason previously practiced IP litigation in California and is admitted to the Bar of the U.S. Supreme Court.

McCarthy Tétrault’s IP Litigation Group is recognized as one of Canada’s leading practices defending patents, trademarks, trade secrets, copyright, industrial designs and other intellectual property assets across a broad range of industries.

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