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United States Court of Appeals for the Third Circuit
September 17, 1998, Argued; July 19, 1999, Submitted en banc ; August 20, 1999, Filed
[***1819] [*378] OPINION OF THE COURT
SLOVITER, Circuit Judge.
The en banc court has granted the Petition for Rehearing filed by plaintiff Orson, Inc., d/b/a [**2] Roxy Screening Rooms, and vacated the decision of the panel which held that section 203-7 of the Pennsylvania Feature Motion Picture Fair Business Practices Law, 78 Pa. Cons. Stat. § 203-7, was invalid because it was preempted by the federal Copyright Act. See Orson, Inc. v. Miramax Film Corp., 174 F.3d 377 (3rd Cir. 1999). Orson argues in its Petition for Rehearing that the panel's decision was foreclosed by previous decisions of this Court. This case directly presents the preemption issue, which the entire court now has the opportunity to examine and decide.
The positions of the parties are fully set forth in their original briefs. In addition, we have received amicus briefs from the Motion Picture Association of America ("MPAA") in support of appellant Miramax Film Corp. and from the National Association of Theatre Owners of Pennsylvania ("Theatre Owners") in support of affirmance. Because the issue is a straightforward one, the court en banc has decided to consider this case on the basis of the submitted briefs.
Section 106 of the Copyright Act provides that, subject to certain exceptions inapplicable here, the owner of a copyright has: [**3]
the exclusive rights to do and to authorize any of the following:
(3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; [and]
(4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly.
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189 F.3d 377 *; 1999 U.S. App. LEXIS 19740 **; 51 U.S.P.Q.2D (BNA) 1818 ***; Copy. L. Rep. (CCH) P27,945; 27 Media L. Rep. 2322
ORSON, INC. t/a ROXY SCREENING ROOMS v. MIRAMAX FILM CORP., Appellant
Subsequent History: Certiorari Denied March 6, 2000, Reported at: 2000 U.S. LEXIS 1869.
Prior History: [**1] On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 93-cv-04145). District Judge: Hon. J. Curtis Joyner.
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Copyright Law, Scope of Copyright Protection, Ownership Rights, General Overview, Constitutional Copyright Protections, Federal & State Law Interrelationships, Pensions & Benefits Law, ERISA, Federal Preemption, State Laws, Federal Preemption, Contracts Law, Types of Contracts, Lease Agreements, Collective & Derivative Works, Derivative Works, Displays, Ownership Interests, Initial Ownership, Protected Subject Matter, Audiovisual Works & Motion Pictures, Audiovisual Works, Defenses, Fair Use, Distribution, Business & Corporate Compliance, Assignments & Transfers, State Regulations, Licenses