Realty Co., 283 U.S. 191, 197–98 (1931).
The legislative history of the transmit clause supports this interpretation. The House Report on the 1976 Copyright Act states that
[u]nder the bill, as under the present law, a performance made available by transmission to the public at large is "public" even though the recipients are not gathered in a single place, and even if there is no proof that any of the potential recipients was operating his receiving apparatus at the time of the transmission. The same principles apply whenever the potential recipients of the transmission represent a limited segment of the public, such as the occupants of hotel rooms or the subscribers of a cable television service.
H.R. Rep. No. 94-1476, at 64–65 (1976), reprinted in 1976 U.S.C.C.A.N. 5659, 5678 (emphases added).
Plaintiffs also reference a 1967 House Report, issued nearly a decade before the Act we are interpreting, stating that the same principles apply where the transmission is "capable of reaching different recipients at different times, as in the case of sounds or images stored in an information system and capable of being performed or displayed at the initiative of individual members of the public." H.R. Rep. No. 90-83, at 29 (1967) (emphases added). We question how much deference this report deserves. But we need not belabor the point here, as the 1967 report is consistent with both legislative history contemporaneous with the Act's passage and our own interpretation of the statute's plain meaning.
From the foregoing, it is evident that the transmit clause directs us to examine who precisely is "capable of receiving" a
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