Potter Stewart

“ Applying this test, the court found that the petitioner did 'perform' the programs carried by its systems. [18] But mere quantitative contribution cannot be the proper test to determine copyright liability in the context of television broadcasting. If it were, many people who make large contributions to television viewing might find themselves liable for copyright infringement-not only the apartment house owner who erects a common antenna for his tenants, but the shopkeeper who sells or rents television sets, and, indeed, every television set manufacturer. ”

“ The petitioner's systems consist of antennas located on hills above each city, with connecting coaxial cables, strung on utility poles, to carry the signals received by the antennas to the home television sets of individual subscribers. The systems contain equipment to amplify and modulate the signals received, and to convert them to different frequencies, in order to transmit the signals efficiently while maintaining and improving their strength. ”

“ The result would be no different if several people combined to erect a cooperative antenna for the same purpose. The only difference in the case of CATV is that the antenna system is erected and owned not by its users but by an entrepreneur. ”

“ Chalfant Press, Inc., 9 Cir., 281 F.2d 543, 547-548.↑ 'Any person entitled thereto, upon complying with the provisions of this title, shall have the exclusive right:↑ The Copyright Act does not contain a definition of infringement as such. Rather infringement is delineated in a negative fashion by the § 1 enumeration of rights exclusive to the copyright holder. See M. Nimmer, Copyright § 100 (1968) .↑ See n. 9, supra. We do not reach the petitioner's claim that the respondent's animated cartoons are not 'literary works.'↑ See n. ”