In the wake of Apple’s announcement of its streaming video platform, Broadcasting & Cable turned to Trial Lawyer Ryan Baker for a Q&A to discuss the issues with the Copyright Act and regulatory environment that make it difficult for OTT services to roll out.
As Baker explained in the interview, while the Copyright Act has been updated from time-to-time, it was last wholly updated in the 1970s. He said, “It is still tied to this model that, to become a cable company, and get a right to retransmit without having to go negotiate [compulsory license] and enter into a business deal which is obviously at the discretion of content providers, you’ve got to have this [outdated] infrastructure of wires and cables.”
Under the current administration, regulatory agencies have pulled back efforts to level the playing field. Much needed updates to applicable regulatory regimes have been stalled. Baker points out that the FCC could help, stating that “the FCC ought to look at how it can help the market because there are these entrenched players passing the ball back and forth.”