Use Of Infringing Rs-DVR System Enjoined
Posted by admin at 19:27 | Filed In Photography
In March 2006, Cablevision Systems Corporation announced that it would be rolling out a new Remote-Storage Digital Video Recorder System (RS-DVR), intended for use by its customers who did not have a digital video recorder in their homes, and would permit these customers to record programs on central servers located at Cablevisions facilities and play the programs back for viewing at home.
Cablevision is the owner and operator of cable television systems, primarily in the New York City metropolitan area and provides a wide variety of programs to its customers.
Cablevision did not obtain permission from the copyright owners of the programs to be recorded, relying instead on the United States Supreme Court decision in Sony Corp. v. Universal City Studios, Inc. which permitted time-shifting through use of the now ubiquitous VCRs by the recording of television programs for in-home, personal viewing.
Cablevision was sued by various television networks, movie studios and other creators of copyrighted entertainment programs in the United States District Court in the Southern District of New York. In a decision dated March 22, 2007, the Court rejected Cablevisions contentions. This decision, although dealing with video content, applies equally to photography. \r The Court went to great lengths to describe the technical aspects of how content is transmitted in cable television and the DVR system. The gist of it is that many cable companies offer set-top storage DVRs, which combine the functions of a standard cable set-top box and a DVR. This permits recording of digital programming directly onto a hard drive contained in the box. This in turn permits time shifting in a manner similar to VCRs.
In this case, it was undisputed that the plaintiffs owned valid copyrights. Therefore, since Cablevision had previously agreed it would not assert a fair use defense, the only issue to be decided was whether Cablevision was copying plaintiffs copyrighted programs. The Court held that it was.
The Court determined that the RS-DVR system was not a stand-alone machine that sits on top of a television. Instead, it was a complex system that involves an ongoing relationship between Cablevision and its customers, payment of monthly fees by the customers with ownership of the equipment remaining with Cablevision, the use of numerous computer and other equipment located in Cablevisions private facilities, and the ongoing maintenance of the system on a 24 hour/7 day per week basis by Cablevision personnel.
The Court concluded that Cablevision, and not its customers, would be the party which copied the content and therefore the party engaged in unauthorized reproductions and transmissions of plaintiffs copyrighted programs.
Accordingly, the Court entered judgment permanently enjoining Cablevision from copying or engaging in public performances of plaintiffs copyrighted works in connection with the RS-DVR system without first obtaining valid licenses.
The Courts holding, recognizing the continuing advance of technology, did not hold the RS-DVR system to be illegal. It only enjoined use of copyrighted material used without a license. Accordingly, properly licensed material, or material in the public domain, would not be affected.
The holding of the case clearly extends to still photography, whether as part of video content, or as stand alone photographs. It is yet another instance of the courts properly extending the provisions of the Copyright Act to new and emerging technology in order to protect content providers.
Attorney Joel L. Hecker lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. Phone: 1 212 557-9600. E-mail: HeckerEsq@aol.com
Cheap Auto Insurance in New Jersey
Laws vary by state, and New Jersey is no exemption. Driving laws in New Jersey require those who own and drive a vehicle to s...
Choosing the Best Home Security System
What is the best home security system for you? This should be the first question on your mind whether you are building or bu...
iPod Movies Download Sites Review
The portable media player, iPod designed and marketed by Apple was launched in October 2001.The iPod is one of the worlds mos...
What You Should Know About Home Security Systems
Do you know enough about home security systems? A wireless alarm system can help you a lot in protecting your home. There are...
How Not To Cry Wolf With An ADT System
Having a home security system installed in your home is a feeling of complete comfort from outside intruders, you and your fa...
A Look at Home Security Systems
If you are considering a security system for your home or business then there are a few things you should know before you pic...
Protection Through The Home Security Alarm System
In this increasingly chaotic world, the protection of your home from burglary and invasion seems to be of mounting concern am...
Thinking about Home Protection?
Why have monitored alarm systems?
The point of having a monitored security system is that if a break-in occurs, the right au...
Cheap Home Security System - Finding One For Your Consumption
During emergencies involving burglars, you need not always rely on the policemen to come to your rescue. If you would like an...
Wireless Home Security System - Knowing the Basics
A wireless home security system is the new and latest thing to have in your home. Quickly taking over the conventional home ...
Awesome Wireless Camera Alarm System
Wireless security cameras have are your best bet for a flexible, cheap security system. They are easy to install and of cour...
Buying Home Surveillance Systems - What Are My Options?
In order to protect their property and possessions, more people are buying home surveillance systems. A home surveillance sy...
Options in Home Security Systems
Security system technology has not been immune to the technological revolution that has effected the electronics industry ove...
Selection For Home Security System And Home Review Security System Wireless
Since there are different home security systems are competing with each other for gaining the superiority in the market, but ...
The A2Z of Online CRM
Automate your business activities with ease using Online CRMAutomation is the name of the game as far as businesses are conce...
Tips for Choosing a Home Security Alarm System
A home security alarm system is one way to protect your home and your personal property. There are many different types of ho...
Overview of a Typical Residential Security System
Security is not a new concern at all. People have built walls around their homes since the birth of time. A residential secur...
Ticket System - How Does The System Achieve This?
As the popular saying goes, genius is 1 percent inspiration and 99 percent perspiration! Nothing can be truer in the world of...
Security Codes, False Alarms and Ways To Change Them
Every home security system has a keypad where the security code is put in to arm and disarm it and this is often where the pr...
Looking For a Home Burglar Alarm System
While looking for a new home. You will notice that some advertisers claim they have a home burglar alarm system installed in...