Is it just me or does anyone else think the copyright laws weren’t created for this kind of use?

An offhand comment the other day by a friend caught my attention—”Did you know that you can’t watch the Super Bowl on a TV screen larger than 55 inches? Yeah, it’s right there in the law.”[…]Could it be that some of those giant flat panel TV sets now finding their way into US living rooms are actually violating copyright law?
[…]
US Code Title 17, Chapter 1, Section 110 is called “Limitations on exclusive rights: exemption of certain performances and displays,” and it lays out 12 of these exemptions to copyright restrictions. Are 55+ inch TVs mentioned specifically? They certainly are. TV broadcasts and movie showings can only be displayed so long as “no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers.” So there it is in black and white—a ban on big TVs!

Sort of. […] The exemption opens by saying that turning on a TV set in one’s house does not incur any sort of “public performance” liability under copyright law. So long as you’re using a set that can reasonably be described as “a single receiving apparatus of a kind commonly used in private homes,” you’re in the clear.

(Okay, not completely. You cannot make a “direct charge” to “see or hear the transmission,” though you can apparently ask friends to cover the cost of food and drink. You also cannot further transmit the broadcast “to the public,” so diverting a live video stream onto the Internet and streaming it to the world is right out. Otherwise, you’re fine.)
[…]
Though it was in fact written into copyright law, the NFL’s action generated such bad press that several US Senators pressured the league to change its enforcement practices, law or no law. Sen. Arlen Specter (R-PA, now D-PA) even introduced S. 2591, a bill which singled out “professional football contests” and allowed nonprofit groups to show the games on any size screen.




  1. rudedog says:

    Not sure if the Super Bowl is broadcast in surround but if you have more then 4 speakers hooked up to your TV in the same room then that could also be a problem.

    That section also goes on to say:

    (II) if the performance or display is by audiovisual means, any visual portion of the performance or display is communicated by means of a total of not more than 4 audiovisual devices, of which not more than 1 audiovisual device is located in any 1 room, and no such audiovisual device has a diagonal screen size greater than 55 inches, and any audio portion of the performance or display is communicated by means of a total of not more than 6 loudspeakers, of which not more than 4 loudspeakers are located in any 1 room or adjoining outdoor space;

    Link

    copyright must go away and fast…

  2. Hmeyers says:

    I’d have my lawyers argue that these 55″ inch screens aren’t televisions!

    Can they receive the old analog transmissions via rabbit ears from CBS from the 1950s? Nope. So how can it be a TV if it can’t receive TV transmissions?

    Probably somewhere the government has an outdated definition of television to go with the outdated definition of copyright.

    Fight stupidity with stupidity.

  3. sentril says:

    OMG you have to be kidding me this has to be a joke the NFL players are the ones that have those pimped out living rooms with those large ass tvs.

  4. The0neo says:

    if memory serves me right, and it does, most of you don’t even watch football and if you do claim it’s for the stupid and aholes. This is of course being said by those that also claimed they “like” football LMAO.

    So then what the hell is DU posting something that it’s pathetic users have no clue about, care nothing about and have already voiced that they don’t care even if they “like” passionately.

    Must it be that it is DU that we are being bombarded with such nonsense and pointless dramatic discussions. Here’s my answer…

    “Bite my shiny metal ass”

    [We always thought you were a robot. – ed.]

  5. GigG says:

    Doesn’t anyone read TFA. Even the part that get’s posted.

    “The exemption opens by saying that turning on a TV set in one’s house does not incur any sort of “public performance” liability under copyright law. So long as you’re using a set that can reasonably be described as “a single receiving apparatus of a kind commonly used in private homes,” you’re in the clear.”

  6. gquaglia says:

    I waiting for Hollywood to institute a screen size tax. Want to watch this movie on a 42″, just give us your credit card # to upgrade. 60″, that will cost you more.

  7. nsmith910 says:

    More evidence that US copyright laws make absolutely no sense what so sever in the current culture. Check out this great talk by Larry Lessig on TED.com on exactly this issue.

  8. RBG says:

    When standalone TV receivers that upconverted to a 1080 projector first arrived on the scene, how did that meet the “commonly used in private homes” requirement?

    “So long as you’re using a set that can reasonably be described as “a single receiving apparatus of a kind commonly used in private homes,” you’re in the clear.”

    RBG

  9. WmDE says:

    Can they receive the old analog transmissions via rabbit ears from CBS from the 1950s? Nope. So how can it be a TV if it can’t receive TV transmissions?

    It probably can. NTSC did not go away entirely.

  10. me says:

    9 Years TV free now. Don’t miss the propaganda/idiot box one bit.

  11. spsffan says:

    Hummm. Okay, so you are pretty much safe with one pimp sized screen at home. But what about Best Buy or other stores that routinely have several of these things running, in the same room, on the same channel?

    Of course, anyone who wants to actually watch the Superbowl® is pretty much nuts to begin with in my book, but I realize that I’m outvoted by the masses. The overweight, slovenly, dimwitted, smelly masses…that’s the kind of masses we have here in America.

  12. Niyoko says:

    Well is looks like Republicans have their roles in leading our fight against squandering our NFL viewing rights! Go Red! Then Go Colt’s Blue!!

    Glad to see a Dem. jumping on too. At least they can agree on somethings. 🙂

  13. Cap'nKangaroo says:

    For all of you panning American football, what will you say when the copyright police come knocking during the World Cup? Probably not SCOOOOOOOORRRRRRRRRRREEEEEEEEEE!!!!!!!!!!

  14. MikeN says:

    That’s OK. Those things use too much energy anyway. They should be banned, or taxed heavily to encourage the use of smaller televisions.


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