2. Copyrights and Intellectual Property 3. Copyrights and Intellectual Property 4. Copyrights and Intellectual Property

before the statute expired. Thus, the district court properly sentenced him to the ten-year mandatory minimum sentence called for by the statute. CONCLUSION For the foregoing reasons, we AFFIRM the judgment of the district court. Background: Owners of copyrighted programs brought action against cable television company seeking declaratory judgment as to whether cable company's digital video recorder (DVR) system would violate their copyrights and injunction enjoining cable company from making system available without copyright licenses. The United States District Court for the Southern District of New York, Denny Chin, J., 478 F.Supp.2d 607, granted summary judgment in favor of copyright owners. Cable company appealed. (1) cable company's embodiments of copyrighted programs were not ''fixed,'' as required to qualify as a ''copy'' under Copyright Act; (2) copies were ''made'' by cable compa-ny's customers, and therefore cable company was not directly liable under the Copyright Act; and (3) playback transmissions of copies were not performances ''to the public,'' and therefore did not infringe any exclusive right of performance under the Copyright Act. In order to be a copy that is reproduced under the Copyright Act, a work must be embodied in a medium, i.e., placed in a medium such that it can be perceived, reproduced, etc., from that medium, and must remain embodied for a period of more than transitory duration. Cable television company's embodi-ments of copyrighted television programs 122 536 FEDERAL REPORTER, 3d SERIES and movies in data buffers used to allow customers to record programming on a digital video recorder (DVR) system at a remote location did not last for period of more than transitory duration, and therefore were not ''fixed,'' as required to qualify as a ''copy'' under the Copyright Act, where no bit of data remained in any buffer for more than 1.2 seconds, and each bit of data was rapidly and automatically overwritten as soon as it was processed. Copies of copyrighted television programs and movies produced by cable television company's digital video recorder (DVR) system, which was operated by cable television company's customers by remote control from their homes, but housed at a remote location, were ''made'' by the customer, and therefore cable television company's contribution to the reproduction by providing the system did not warrant the imposition of direct liability under Copyright Act, as copies were made automatically upon the customer's demand. 17 Playback transmissions of copies of copyrighted television programs and movies produced by …