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UNIVERSAL CITY STUDIOS v. SONY CORP. OF AMERICA

Nos. 79-3683, 79-3735 and 79-3762.

659 F.2d 963 (1981)

UNIVERSAL CITY STUDIOS, INC. a corporation, dba Universal Television and Universal Pictures, and Walt Disney Productions, a corporation, Appellants and Cross-Appellees, v. SONY CORPORATION OF AMERICA, a corporation, The Sony Corporation, a corporation, Carter Hawley Hale Stores, Inc., a corporation, Associated Dry Goods Corporation, a corporation, Federated Department Stores, Inc., a corporation, Henry's Camera Corporation, a corporation, Doyle Dane Bernbach, Inc., a corporation, and William Griffiths, Appellees and Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 19, 1981.

Rehearing and Rehearing Denied January 12, 1982.

Attorney(s) appearing for the Case

Stephen A. Kroft (on brief), John G. Davies and Sondra E. Berchin, Rosenfeld, Meyer & Susman, Beverly Hills, Cal., argued, for Universal Studios and Walt Disney.

Dean C. Dunlavey, Gibson, Dunn & Crutcher, Los Angeles, Cal., for Sony, Sony America, Doyle, Dane, Bembach.

Before KILKENNY and CANBY, Circuit Judges, and EAST, District Judge.

Rehearing and Rehearing In Banc Denied January 12, 1982.

KILKENNY, Circuit Judge:

Appellants, Universal City Studios, Inc. (Universal) and Walt Disney Productions (Disney), producers and copyright owners of audiovisual materials, some of which they choose to telecast over the public airwaves, brought this copyright infringement claim against Sony Corporation (Sony), the manufacturer of the Betamax, a videotape recorder (VTR), and Betamax tapes, Sony Corporation...

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