Copyright Law | Expert Legal Commentary
September 18, 2008
Cartoon Network v. CSC Holdings: Remote DVR Does Not Violate Copyright Protections Afforded to Television Program Copyright Holders
The Cartoon Network LP, LLLP, et al. v. CSC Holdings, Inc. et al.
By
Olivier A. Taillieu of Zuber & Taillieu LLP
In Cartoon Network v. CSC Holdings, 536 F.3d 121 (2nd Cir. 2008), the Second Circuit reversed a District Court’s ruling and determined that a remote-storage DVR service does not infringe on the reproduction and public performance rights of copyright holders. This significant holding, which will likely be referenced in a variety of future opinions, offers some interesting ramifications. It offers consumers an opening for increased flexibility in viewing choices, and offers developers of new technology a more generous interpretation of copyright law. Critics contend the ruling opens the door for new defenses for infringers and interprets copyright law in a fashion that impedes traditional copyright protection. Either way, the decision stands at the juxtaposition between existing copyright law and emerging technology.
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About the Author
Olivier A. Taillieu is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
Image Credit: ©iStockphoto.com/roundhill
1 The Second Circuit determined that the MAI case did not focus on the “transitory duration” element because, in that case, the copy was embodied in the RAM for “at least several minutes.” 536 F.3d at 128.