Cohen v. Paramount Pictures Corp., 845 F.2d 851 (1988) p.321

SUBJECT

licensing of copyrights

FACTS

Suit was brought by licensor against licensee alleging copyright infringement. A contract was made before VCRs were invented. License for use of musical composition in film, conferring right to exhibit film "by means of television" did not include right to distribute videocassettes of the film for home viewing, particularly where VCRs for home use were not invented or known when the license was executed.

PROCEDURE

Summary judgment in favor of licensee was granted by the United States District Court for the Central District of California, Harry L. Hupp, J., and licensor appealed.

ISSUE

Whether a license conferring the right to exhibit a film "by means of television" includes the right to distribute videocassettes of the film.

RULE

HOLDING

The Court of Appeals, Hug, Circuit Judge, held that license conferring right to exhibit film "by means of television" did not include right to distribute videocassettes of the film for home viewing. Reversed and remanded.

RATIONAL

License of right to use musical composition in film and to record the composition with the film "in any manner, medium, form or language" did not include right to distribute videocassettes of the film, where the broad grant was subject to limitation of presentation to two mediums, theatre and television, and all rights not granted by the terms of the license were reserved to the licensor.

POLICY/NOTES