In the Columbia Broadcasting System, Inc. v. Loew's Inc., 1957 case, CBS was sued by Loew's and other film companies for copyright infringement due to its broadcasting of recordings made from films that were still protected under copyright law. The Supreme Court held that CBS could be liable for indirect infringement if it had knowledge of the direct infringement and contributed to it by providing a site or facilities for infringing activities. However, in this particular case, there was no evidence showing that CBS knew about any specific infringements when they occurred or even where they might occur in the future; thus, CBS couldn't be held accountable as an indirect infringer based on their general business operations alone.

In the dissenting opinion for Columbia Broadcasting System, Inc. v. Loew's Inc., Justice Harlan argued that CBS should not be held liable for copyright infringement due to their use of musical compositions in television broadcasts without direct permission from the copyright owners. He contended that such usage was covered under a blanket license obtained from performing rights societies, which he believed were authorized to grant licenses on behalf of composers and publishers who are members or affiliates. Furthermore, he disagreed with the majority's interpretation of "perform" within the Copyright Act as it applied to broadcasting companies like CBS; instead suggesting that broadcasters do not perform but merely transmit performances executed by others. This distinction would exempt them from liability under existing copyright laws at the time.