Columbia Pictures Industries, Inc. v. Aveco, Inc.

800 F.2d 59 (3rd Cir. 1986)

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Nature of the Case

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Facts

Ps distribute video cassette copies of motion pictures in which they own registered copyrights. They do so knowing that many retail purchasers of these video cassettes, including Do, rent them to others for profit. D also makes available private rooms of various sizes in which its customers may view the video cassettes that they have chosen from D. D charges a rental fee for the viewing room that is separate from the charge for the video cassette rental. Customers may (1) rent a room and also rent a video cassette for viewing in that room, (2) rent a room and bring a video cassette obtained elsewhere to play in the room, or (3) rent a video cassette for out of store viewing. D allows the customer complete control over the playing of the video cassettes. Customers operate the video cassette players in each viewing room. Ps sued D alleging infringement of their 'exclusive right . . . to perform the copyrighted work publicly' and to 'authorize' such performances. Ps contend that D's renting its viewing rooms to the public to watch Ps' video cassettes, even in private, is authorizing the public performance of copyrighted motion pictures. Ps sued D. The parties filed cross-motions for summary judgment. The district court found that D infringed Ps' exclusive rights to publicly perform and authorize public performances of their copyrighted works and so granted their motion for partial summary judgment. D appealed.