Eastern Microwave, Inc. v. Doubleday Sports, Inc.
United States Court of Appeals for the Second Circuit
691 F.2d 125 (1982)
Eastern Microwave (EMI) (plaintiff) retransmitted WOR-TV's broadcast signal, including New York Mets games in which Doubleday Sports (defendant) held the copyright, to cable systems outside WOR-TV's normal service area for nearly 20 years without objection. After Doubleday accused EMI of copyright infringement, EMI sought a declaration that it qualified as a passive "carrier" exempt from copyright liability under 17 U.S.C. § 111(a)(3), which distinguishes exempt passive carriers from cable systems that pay statutory license fees distributed to copyright owners like Doubleday.
Whether a communications carrier is exempt from copyright liability under 17 U.S.C. § 111(a)(3) if its activities consist solely of wires, cables, or other communications channels and it merely retransmits exactly what it receives without exercising control over the content, selection, or recipients of the primary transmission.