COPYRIGHT CONCERNS OF INSTALLING DIGITAL SET-TOP-BOXES

05/01/2010

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Digital set-top-boxes ("STBs") are becoming more common in homes, restaurants, and medical clinics. However, users of digital STBs should be cautious of inadvertent copyright infringement. The Intel-lectual Property Office recently explained that, according to the Copyright Act, "public broadcast" means to communicate to the public the content of a work through sounds or images by means of transmission of information by a broadcasting system of wire, wireless, or other equipment, where such communication is for the purpose of direct listening reception or viewing reception by the public. This includes any communication, by transmission of information via a broadcasting system of wire, wireless, or other equipment, to the public of an original broadcast of sounds or images by any person other than the original broadcaster. This means that if the digital STB system is set up in a way that a single point of reception forwards the broadcast content to other viewing equipments via a transmis-sion system (such as a splitter), the use of such a system may constitute publicly broadcasting the work of another person. Therefore, unless specifically exempted by the "fair use" provision under the Copyright Act, the STB user must obtain a license from the copyright holder or the proper copyright collective management organization. Failure to do so may constitute copyright infringement. Of course, if the STB is merely hooked up to the television, it does not raise these concerns.