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Turner Broadcasting System, Inc. The district court, in deciding whether the RS-DVR playback of a program to a particular customer is to the public, apparently considered all of Cablevisions customers who subscribe to the channel airing that program and all of Cablevisions RS-DVR subscribers who request a copy of that program. Thus, it concluded that the RS-DVR playbacks constituted public performances because Cablevision would transmit the same program to members of the public, who may receive the performance at different times, depending on whether they view the program in real time or at a later time as an RS-DVR playback. Cablevision I, 478 F. Supp. 2d at 623 emphasis added. In essence, the district court suggested that, in considering whether a transmission is to the public, we consider not the potential audience of a particular transmission, but the potential audience of the underlying work, the program whose content is being transmitted. Cartoon Network also used to run a half hour block of solely Tex Avery cartoons called The Tex Avery Show.
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Turner Broadcasting System, Inc. The district court, in deciding whether the RS-DVR playback of a program to a particular customer is to the public, apparently considered all of Cablevisions customers who subscribe to the channel airing that program and all of Cablevisions RS-DVR subscribers who request a copy of that program. Thus, it concluded that the RS-DVR playbacks constituted public performances because Cablevision would transmit the same program to members of the public, who may receive the performance at different times, depending on whether they view the program in real time or at a later time as an RS-DVR playback. Cablevision I, 478 F. Supp. 2d at 623 emphasis added. In essence, the district court suggested that, in considering whether a transmission is to the public, we consider not the potential audience of a particular transmission, but the potential audience of the underlying work, the program whose content is being transmitted. Cartoon Network also used to run a half hour block of solely Tex Avery cartoons called The Tex Avery Show.
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by Delores Mccoy 2011.12.11 01:19