Is Copyright Law Incoherent?

So argues Prof David Post, citing the SDNY (the busiest of New York’s federal courts) rejecting Aereo’s argument that it is a “cable system” that can be paid by subscribers for content under the statutory license rules, following its defeat (6-3) at the U.S. Supreme Court in ABC v. Aereo.

What do you think – is copyright law incoherent? If so, why and how would you recommend fixing it? If not, how do you synthesize the copyright law and how do the threads of the copyright tapestry weave together to form a solid IP architecture and fluid narrative?

My law firmJohnson Law KC LLC, is experienced counseling individual, corporate, and nonprofit clients on copyright and IP issues – whether protecting your creative art, defending you against cease and desist or IP litigation, or enforcing your IP rights. We work with authors, musicians, artists, photographers, bloggers, songwriters, and others to provide cutting edge reliable expertise on IP. We can help you answer these questions with confidence and friendly expertise. If we can serve you, your business, or nonprofit organization with your copyright and IP questions, please call (913-707-9220) or email us ( to schedule a free, convenient consultation.

(c) 2014, Stephen M. Johnson, Esq.