Tying arrangement public interest corp pic owned and


Question: Tying Arrangement. Public Interest Corp. (PIC) owned and operated the television station WTMV-TV in Lakeland, Florida. MCA Television, Ltd., owns and licenses syndicated television programs. The parties entered into a licensing contract with respect to several television shows. MCA conditioned the license on PIC's agreeing to take another show, Harry and the Hendersons. PIC agreed to this arrangement, although it would not have chosen to license Harry if it had not had to do so to secure the licenses for the other shows.

More than two years into the contract, a dispute arose over PIC's payments, and negotiations failed to resolve the dispute. In a letter, MCA suspended PIC's broadcast rights for all of its shows and stated that "[a]ny telecasts of MCA programming by WTMV-TV . . . will be deemed unauthorized and shall constitute an infringement of MCA's copyrights." PIC nonetheless continued broadcasting MCA's programs, with the exception of Harry. MCA filed a suit in a federal district court against PIC, alleging breach of contract and copyright infringement. PIC filed a counterclaim, contending in part that MCA's deal was an illegal tying arrangement. Is PIC correct? Explain. [MCA Television, Ltd. v. Public Interest Corp., 171 F.3d 1265 (11th Cir. 1999)]

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