But to characterize the to us nigh miraculous processes whereby these images actuate airwaves so as to cause electronic changes in sets in millions of homes which are then “unscrambled” or “descanned” and thus produce pictures on television screens — along with the simultaneous electronic transmission of sound — as “analogous” to cinematography pushes the analogy beyond the breaking point.
Bartsch v. Metro-Goldwyn-Mayer, Inc., 391 F. 2d 150, 153 (2nd Cir. 1968) (Friendly, J.)
Also of note in the opinion is this, from the conclusion:
The risk that some May might find the nation’s television screens bereft of the annual display of “Maytime,” interlarded with the usual liberal diet of commercials, is not one a court can take lightly.
Affirmed.
Id. at 155.