Copyright Law Updates | New Judicial Opinions

July 13, 2007

Twentieth Century Fox Film Corp. v. Cablevision Systems Corp.

06 Civ. 3990(DC), 06 Civ. 4092(DC), 2007 WL 867093, S.D.N.Y., 3/22/2007

Twentieth Century Fox Film Corp. v. Cablevision Systems Corp.

Holding:

A remote storage digital video recording system that allows customers to record programs on central servers and then play them back at home infringes plaintiffs' copyrights.

Detailed Summary:

Defendant developed its remote storage digital video recording system for its customers who do not have DVRs at home. The system allows them to choose and record programs to a central server housed at defendant’s facility and then play the programs back at home. Defendants never received permission from plaintiffs to use their copyrighted programs, but claims no license is required since it is the customer and not the company that chooses and records the programs. The court disagreed, concluding that the system would be an act of engaging in unauthorized reproductions and transmissions of plaintiffs’ copyrighted programs, because it is a complex system that involves an ongoing relationship between Cablevision and its customers, payment of monthly fees by the customers to Cablevision, ownership of the equipment remaining with Cablevision, the use of numerous computers and other equipment located in Cablevision’s private facilities, and the ongoing maintenance of the system by Cablevision personnel.

Also See:

FCC Adopts New Rules Permitting TV Channel Sharing by Broadcasters; Enacts First Step Towards Freeing UP Spectrum under Incentive Auction

FCC Modernizes Broadcast Television Public Inspection Files to Give the Public Online Access to Information Previously Available Only at TV Stations

Copyright Office Conducts Proceedings on Exemption to Prohibition on Circumvention of Copyright Protection Systems

Legislation to Deregulate Television Market Introduced in House and Senate

Copyright Office Proposes New Fee Schedule

Companies Mentioned

Copyright Law

The following companies are mentioned in Copyright Law Updates:

MGA Entertainment (HK) Ltd.

Mattel, Inc.

MGA Entertainment Inc.

UMG Recordings, Inc.

American Society of Composers, Authors, and Publishers

Litecubes, LLC

Poof Apparel Corp.

Derek Andrew, Inc.

Metro-Goldwyn-Mayer Pictures, Inc.

Geoffrey Productions, Inc.

Universal City Studios LLLP

Twentieth Century Fox Film Corp.

Turner Network Television LP, LLLP

Simon & Schuster, Inc.

Turner Network Sales, Inc.

Turner Classic Movies, LP, LLLP

Turner Broadcasting System, Inc.

The Cartoon Network LP, LLP

Paramount Pictures Corp.

NBC Studios, Inc.

Disney Enterprises, Inc.

Veoh Networks, Inc.

CSC Holdings, Inc.

CBS Broadcasting Inc.

Cablevision Systems Corp.

Cable News Network LP, LLLP

American Broadcasting Companies, Inc.

Westbound Records, Inc.

Kamind Associates, Inc. a.k.a. KAM Industries

Janice Combs Publishing, Inc. d.b.a. Justin Combs Publishing

All Headline News Corp.

Bad Boy Records LLC

American Software Development Company, Inc.

Bad Boy Entertainment, Inc. d.b.a. Bad Boy Records

Affordable Video Systems, Ltd.

Yahoo! Inc.

Dream Games of Arizona, Inc.

Television Music License Committee

Frank Diana City Entertainment

SESAC, Inc.

PC Onsite

RealNetworks, Inc.

AOL LLC f.k.a. America Online, Inc.

Northern Lights Products, Inc. d.b.a. GlowProducts.com

Nicotext A.B.

Dezer Development, LLC

John Wiley & Sons, Inc.

Home Shopping Network, Inc.

Miramax Film Corp.

J.D. Salinger Trust

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