Omission by “Particular Transmission”: Preventing the Circumvention of the Transmit Clause

Brad M. McBride


As technology has advanced, the way we consume content has drastically changed. By operating a DVR, visiting networks’ websites, or using third-party services, an individual is capable of consuming a wide-variety of content at any time, from nearly any location. The current system strikes an amazing balance between allowing subscribers to consume content at their convenience, while maintaining a viable licensing and advertising system that allows networks to fund the large budgets of creating high-quality content. This Comment proposes a new interpretation of the Transmit Clause that will allow courts to preserve this balance as technology continues to progress and content consumption becomes increasing more complicated.

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