Legal Opinion

Eastern Microwave, Inc. v. Doubleday Sports, Inc.

Court of Appeals for the Second Circuit

Decided October 13, 1982No. 1403, Docket 82-7243PublishedCited by 21 opinions

1Opinion of the Court

MARKEY, Chief Judge,

United States Court of Customs & Patent Appeals:

Appeal from a judgment of the district court for the Northern District of New York, denying plaintiff’s and granting defendant’s motion for partial summary judgment, holding that a retransmitter of television signals publicly performed a copyrighted work among those signals and was not an exempt carrier. We reverse.

Background

Plaintiff, Eastern Microwave, Inc. (EMI) is licensed by the Federal Communications Commission (FCC) to provide services as a communications common carrier. EMI’s services include the retransmission of the…

2Cases cited10 opinions

  1. Fortnightly Corp. v. United Artists Television, Inc.Supreme Court of the United States · 1968
  2. Teleprompter Corp. v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1974
  3. In the Matter of Hygrade Envelope Corp., Bankrupt. Samuel S. Baranow, Trustee in Bankruptcy of Hygrade Envelope Corp. v. Gibraltar Factors Corp.Court of Appeals for the Second Circuit · 1966
  4. Malrite T. v. Of New York v. Federal Communications Commission, United States of AmericaCourt of Appeals for the Second Circuit · 1981
  5. National Subscription Television v. S & H TVCourt of Appeals for the Ninth Circuit · 1981

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Sony Corp. of America v. Universal City Studios, Inc.Supreme Court of the United States · 1984
  2. WPIX, Inc. v. Ivi, Inc.Court of Appeals for the Second Circuit · 2012
  3. Telerate Systems, Inc. v. CaroDistrict Court, S.D. New York · 1988
  4. David v. Showtime/The Movie Channel, Inc.District Court, S.D. New York · 1988
  5. WPIX, INC. v. Ivi, Inc.District Court, S.D. New York · 2011

16 more not listed; retrieve them via the Exa API.

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