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NFL v. PRIMETIME 24 JOINT VENTURE

Docket Nos. 99-9244, 99-9388

211 F.3d 10 (2000)

NATIONAL FOOTBALL LEAGUE, Plaintiff-Appellee, v. PRIMETIME 24 JOINT VENTURE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 28, 2000.

Attorney(s) appearing for the Case

Neil K. Roman, Covington & Burling, Washington, DC (John Vanderstar, Ronald G. Dove, Jr., Covington & Burling, Washington, DC, Eric Seiler, Robert S. Loigman, Friedman Kaplan & Seiler LLP, New York, NY, on the brief), for Plaintiff-Appellee.

Brandon F. White, Foley, Hoag & Eliot LLP, Boston, MA (Kenneth S. Leonetti, Lawrence H. Martin, Foley, Hoag & Eliot LLP, Boston, MA, Roger L. Zissu, Craig S. Mende, Fross Zelnick Lehrman & Zissu, P.C., New York, NY. on the brief), for Defendant-Appellant.

Professor William Patry, Benjamin N. Cardozo School of Law, New York, NY, submitted a brief for ABC, Inc., CBS Broadcasting Inc., Fox Broadcasting Company, Inc., and National Broadcasting Company, Inc., amici curiae.

Jeffrey A. Mishkin, Richard W. Buchanan, National Basketball Association, New York, NY, Kenneth A. Plevan, Scott D. Brown, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, submitted a joint brief for National Basketball Association, Office of the Commissioner of Baseball, National Hockey League, and Motion Picture Association of America, Inc., amici curiae.

Before: VAN GRAAFEILAND, STRAUB and POOLER, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

As almost every red-blooded American knows, the National Football League ("NFL") televises most of its weekly football games. Simultaneously with the broadcast, NFL makes videotape recordings of the games, which it registers with the United States Copyright Office.

PrimeTime 24 Joint Venture ("PrimeTime") is a satellite carrier that makes secondary transmissions of copyrighted television network programming to owners and renters...

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