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

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

This matter is before the Court on the parties’ cross motions for partial summary judgment. The issues to be decided are: (1) whether Eastern Microwave’s retransmissions of WOR-TV telecasts, more particularly WOR’s broadcasts of the Mets’ games, are public performances within the meaning of 17 U.S.C. § 106; and (2) whether Eastern Microwave is exempt from copyright liability for those retransmissions, if they are found to be public performances, by virtue of the exception set out in 17 U.S.C. § 111(a)(3). For the reasons set forth below,…