The Ninth Circuit revisited the public performance issue in Columbia Pictures Industries, Inc. v. Professional Real Estate Investors, Inc.151 The defendant’s hotel guests rented movies from the hotel to watch in the hotel rooms.152 Although Redd Horne was
not controlling precedent, the Ninth Circuit distinguished it because the nature of a hotel included the possibility of providing movies and entertainment for guests.153 The Ninth Circuit found that watching movies in the guests’ rooms was not a public performance because guests “enjoy a substantial degree of privacy” in their hotel rooms.154 The court found no transmit clause violation because the hotel did not send the transmission from a place different from where guests received the transmission