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DIAGNOSTIC UNIT INMATE COUNCIL v. FILMS INC.

Nos. 94-2867, 94-2917.

88 F.3d 651 (1996)

DIAGNOSTIC UNIT INMATE COUNCIL; John Merrick; Eugene Issac Pitts; Jerry McFarland; Terry Tolliver; Solomon Eskew; Earl Thompson, Plaintiffs-Appellants, Arkansas Department of Correction, Involuntary Plaintiff, v. FILMS INCORPORATED; Swank Motion Pictures, Inc., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1996.

Attorney(s) appearing for the Case

Raymond R. Abramsom, Clarendon, AR, argued (Harold J. Evans, on the brief), for appellant.

Harvey Shapiro, New York City, argued (Gary Kaplan and Charles L. Schlumberger, on the brief), for appellee.

Before BOWMAN, JOHN R. GIBSON, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

The Arkansas Department of Corrections ("ADC") shows videotaped movies to inmates in the common areas of its prisons. In 1985, an attorney representing motion picture copyright owners wrote ADC, warning that it would infringe owner copyrights to use videotapes licensed for home use only at these public performances. ADC has since contracted with appellees Films Inc. ("Films") and Swank Motion Pictures, Inc. ("Swank"), to provide videotaped movies...

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