This section contains the nature of the case and procedural background.

La Mancha hotel guests may rent movie videodiscs from the lobby gift shop for a $ 5 to $ 7.50 daily fee per disc, which can be charged on the hotel bill. Each guest room is equipped with a large screen projection television and videodisc player. Hotel employees are available upon request to answer questions by guests about operating the in-room equipment. Guests view the videodisc movies projected on the television screens in their rooms. Ps filed suit alleging copyright infringement. Cross-motions for summary judgment concerning the copyright infringement claim were filed. The court concluded as a matter of law that the movies were not performed 'publicly.' Ps appealed.

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