Legal Question in Entertainment Law in California

Re: tv channels and bars

This is less a matter of black letter law, and more a matter of the terms of your license agreement. If you either have or can get a copy of your "business subscription" agreement - you will likely be able to find an answer to your question. Additionally, if the DVR you are using came with a separate license agreement, that may be informative, as well.

As a general rule, if you simply time-shift the airing (with removing/fast forwarding the advertising) of an otherwise public broadcast - you are not violating the principle of your subscription. If the purpose of the "taping" is to avoid these commercials, then you are at greater risk.

You can call and ask your provider, but if this is not the sort of thing you're going to advertise - it follows that it's easier to beg forgiveness than ask permission.

If you'd like some help reviewing the subject documents, please feel free to contact me - and best of luck!

Re: tv channels and bars

Doing as you propose may violate the terms of service of the satellite service.

There is some case-law precedent for the notion that so-called "Time Shifting" is a justifiable "fair use", but in that case (Sony v. Universal Pictures - [the so-called betamax case]) the courts were dealing with home-use of video tape recorders.

Your use is different, in that it's part of a commercial enterprise, so it could be a big problem if you're caught. Damages for copyright infringement range from $750 to $150K per infringement.

Best advice is contact the network, and tell them that you'd like to be able to do this for your customers... see what they say. Try to get any permission they grant IN WRITING.

If you want an attorney to make the inquiry without naming your business, and to negotiate the license(s) on your behalf,contact me.