Potter Stewart,
Fortnightly Corporation v. United Artists Television…
“ The viewer conversely does more than a member of a theater audience; he provides the equipment to convert electronic signals into audible sound and visible images. Despite these deviations from the conventional situation contemplated by the framers of the Copyright Act, [22] broadcasters have been judicially treated as exhibitors, and viewers as members of a theater audience. Broadcasters perform. [23] Viewers do not perform. [24] Thus, while both broadcaster and viewer play crucial roles in the total television process, a line is drawn between them. One is treated as active performer ”
