Columbia Pictures Industries, Inc. v. Professional Real Estate Investors, Inc.

866 F.2d 278 (9th Cir. 1989)

Facts

La Mancha hotel guests may rent movie videodiscs from the lobby gift shop for a $ 5 to $ 7.50 daily fee per disc, which can be charged on the hotel bill. Each guest room is equipped with a large screen projection television and videodisc player. Hotel employees are available upon request to answer questions by guests about operating the in-room equipment. Guests view the videodisc movies projected on the television screens in their rooms. Ps filed suit alleging copyright infringement. Cross-motions for summary judgment concerning the copyright infringement claim were filed. The court concluded as a matter of law that the movies were not performed 'publicly.' Ps appealed.