sony universal city studios argued january decided january petitioner sony manufactures home video tape recorders vtr markets retail establishments also petitioners respondents copyrights television programs broadcast public airwaves respondents brought action petitioners federal district alleging vtr consumers recording respondents works exhibited commercially sponsored television thereby infringed respondents copyrights petitioners liable copyright infringement marketing vtr respondents sought money damages equitable accounting profits injunction manufacture marketing vtr district denied respondents relief holding noncommercial home use recording material broadcast public airwaves fair use copyrighted works constitute copyright infringement petitioners held liable contributory infringers even home use vtr considered infringing use appeals reversed holding petitioners liable contributory infringement ordering district fashion appropriate relief held sale vtr general public constitute contributory infringement respondents copyrights pp protection given copyrights wholly statutory case like congress plainly marked course followed judiciary must circumspect construing scope rights created statute never contemplated calculus interests individual may reproduce copyrighted work fair use copyright owner possess exclusive right use pp kalem harper brothers support respondents novel theory supplying means accomplish infringing activity encouraging activity advertisement sufficient establish liability copyright infringement case fall category manifestly impose vicarious liability contributory infringer position control use copyrighted works others authorized use without permission copyright owner contact petitioners users vtr occurred moment sale precedent imposing vicarious liability theory petitioners sold vtr constructive knowledge customers might use equipment make unauthorized copies copyrighted material sale copying equipment like sale articles commerce constitute contributory infringement product widely used legitimate unobjectionable purposes indeed merely capable substantial noninfringing uses pp record district findings show significant likelihood substantial numbers copyright holders license works broadcast free television object broadcast private viewers recorded time vtr owner view broadcast watched later time likelihood cause nonminimal harm potential market value respondents copyrighted works vtr therefore capable substantial noninfringing uses private noncommercial home satisfies standard noninfringing uses respondents right prevent copyright holders authorizing programs district findings reveal even unauthorized home respondents programs legitimate fair use pp stevens delivered opinion burger brennan white joined blackmun filed dissenting opinion marshall powell rehnquist joined post dean dunlavey reargued cause petitioners briefs donald sloan marshall rutter stephen kroft reargued cause respondents brief sondra berchin briefs amici curiae urging reversal filed virginia citizens consumer council et al william dobrovir american library association newton minow consumer electronics group edward day educators ad hoc committee copyright law michael cardozo august steinhilber gwendolyn gregory general electric et al alfred engelberg morton amster jesse rothstein joel lutzker hitachi et al john armagost craig jorgensen et al john donovan howard matz david fleischer minnesota mining manufacturing et al sidney diamond grier curran raclin national retail merchants association peter stern theodore steingut robert weiner sanyo electric anthony liebig sears roebuck max gillam mary woytek tdk electronics tung adam yarmolinsky toshiba et al donald zoeller herve gouraige pfizer steven kany viare publishing peter marvin briefs amici curiae urging affirmance filed association american publishers et al charles lieb jon baumgarten authors league america irwin karp cbs lloyd cutler louis cohen george vradenburg iii creators distributors programs stuart robinowitz andrew peck international alliance theatrical stage employees moving picture machine operators canada leo geffner motion picture association america richard cooper ellen huvelle william nix national music publishers association jon baumgarten recording industry association america james fitzpatrick cary sherman ernest meyers volunteer lawyers arts fred koenigsberg writers guild america west et al paul selvin jerome lurie paul berger briefs amici curiae filed state missouri et al john ashcroft attorney general missouri attorneys general respective follows charles graddick alabama john steven clark arkansas michael bowers georgia tany hong hawaii tyrone fahner illinois thomas miller iowa william guste louisiana william allain mississippi michael greely montana rufus edmisten north carolina william brown ohio jan eric cartwright oklahoma dennis roberts ii rhode island john easton vermont gerald baliles virginia bronson la follette wisconsin committee copyright literary property association bar city new york michael oberman david marks justice stevens delivered opinion petitioners manufacture sell home video tape recorders respondents copyrights television programs broadcast public airwaves members general public use video tape recorders sold petitioners record broadcasts well large number broadcasts question presented whether sale petitioners copying equipment general public violates rights conferred upon respondents copyright act respondents commenced copyright infringement action petitioners district central district california respondents alleged individuals used betamax video tape recorders vtr record respondents copyrighted works exhibited commercially sponsored television contended individuals thereby infringed respondents copyrights respondents maintained petitioners liable copyright infringement allegedly committed betamax consumers petitioners marketing betamax vtr respondents sought relief betamax consumer instead sought money damages equitable accounting profits petitioners well injunction manufacture marketing betamax vtr lengthy trial district denied respondents relief sought entered judgment petitioners supp appeals ninth circuit reversed district judgment respondents copyright claim holding petitioners liable contributory infringement ordering district fashion appropriate relief granted certiorari since completed study case last term ordered reargument reverse explanation rejection respondents unprecedented attempt impose copyright liability upon distributors copying equipment requires quite detailed recitation findings district summary findings reveal average member public uses vtr principally record program view televised watch later time practice known enlarges television viewing audience reason significant amount television programming may used manner without objection owners copyrights programs reason even two respondents case assert objections litigation unable prove practice impaired commercial value copyrights created likelihood future harm given findings basis copyright act upon respondents hold petitioners liable distributing vtr general public appeals holding respondents entitled enjoin distribution vtr collect royalties sale equipment obtain relief affirmed enlarge scope respondents statutory monopolies encompass control article commerce subject copyright protection expansion copyright privilege beyond limits grants authorized congress two respondents action universal city studios walt disney productions produce hold copyrights substantial number motion pictures audiovisual works current marketplace exploit rights works number ways authorizing theatrical exhibitions licensing limited showings cable network television selling syndication rights repeated airings local television stations marketing programs prerecorded videotapes videodiscs works suitable exploitation avenues market works limited petitioner sony manufactures millions betamax video tape recorders markets devices numerous retail establishments also petitioners action sony betamax vtr mechanism consisting three basic components tuner receives electromagnetic signals transmitted television band public airwaves separates audio visual signals recorder records signals magnetic tape adapter converts audio visual signals tape composite signal received television set several capabilities machine noteworthy separate tuner betamax enables record broadcast one station television set tuned another channel permitting viewer example watch two simultaneous news broadcasts watching one live recording later viewing tapes may reused programs recorded may erased either viewing timer betamax used activate deactivate equipment predetermined times enabling intended viewer record programs transmitted home thus person may watch program home evening even though broadcast viewer work afternoon betamax also equipped pause button control pause button depressed deactivates recorder released thus enabling viewer omit commercial advertisement recording provided course viewer present program recorded control enables viewer previously recorded program run tape rapidly segment desire see played back television screen respondents sony conducted surveys way betamax machine used several hundred owners sample period although differences surveys showed primary use machine owners practice recording program view later time thereafter erasing enables viewers see programs otherwise miss home occupied tasks viewing program another station time broadcast desire watch surveys also showed however substantial number interviewees accumulated libraries tapes sony survey indicated interviewees watched least much regular television owning betamax respondents offered evidence decreased television viewing betamax owners sony introduced considerable evidence describing television programs copied without objection copyright holder special emphasis sports religious educational programming example survey indicated betamax use record sports events representatives professional baseball football basketball hockey testified objection recording televised events home use respondents offered opinion evidence concerning future impact unrestricted sale vtr commercial value copyrights district found however failed prove likelihood future harm use vtr district decision lengthy trial case district concerned private home use vtr recording programs broadcast public airwaves without charge viewer issue concerning transfer tapes persons use tapes public performances copying programs transmitted pay cable television systems raised see district concluded noncommercial home use recording material broadcast public airwaves fair use copyrighted works constitute copyright infringement emphasized fact material broadcast free public large noncommercial character use private character activity conducted entirely within home moreover found purpose use served public interest increasing access television programming interest consistent first amendment policy providing fullest possible access information public airwaves columbia broadcasting system democratic national committee even entire copyrighted work recorded district regarded copying fair use accompanying reduction market plaintiff original work ibid independent ground decision district also concluded sony held liable contributory infringer even home use vtr considered infringing use district noted sony direct involvement betamax purchasers recorded copyrighted works air sony advertising silent subject possible copyright infringement instruction booklet contained following statement television programs films videotapes materials may copyrighted unauthorized recording material may contrary provisions copyright laws selling staple article commerce typewriter recorder camera photocopying machine technically contributes infringing use subsequently made thereof kind contribution deemed sufficient basis liability expand theory beyond precedent arguably beyond judicial management commerce indeed hampered manufacturers staple items held liable contributory infringers whenever constructively knew purchasers occasions use product purpose later deemed matter first impression infringement ibid concluded injunction wholly inappropriate possible harm respondents outweighed fact betamax still legally used record noncopyrighted material material whose owners consented copying injunction deprive public ability use betamax noninfringing recording appeals decision appeals reversed district judgment respondents copyright claim set aside district findings fact rather concluded matter law home use vtr fair use productive use therefore held unnecessary plaintiffs prove harm potential market copyrighted works observed seemed clear cumulative effect mass reproduction made possible vtr tend diminish potential market respondents works issue contributory infringement appeals first rejected analogy staple articles commerce tape recorders photocopying machines noted machines may substantial benefit purposes even remotely raise copyright problems vtr however sold primary purpose reproducing television programming irtually programming copyrighted material ibid appeals concluded therefore vtr suitable substantial noninfringing use even copyright owners elect enforce rights appeals also rejected district reliance sony lack knowledge home use constituted infringement assuming statutory provisions defining remedies infringement applied also nonstatutory tort contributory infringement stated defendant good faith merely reduce damages liability excuse infringing conduct held sony chargeable knowledge homeowner infringing activity reproduction copyrighted materials either conspicuous use major use betamax product ibid matter relief appeals concluded statutory damages may appropriate district reconsider determination injunction appropriate remedy referring analogous photocopying area suggested continuing royalty pursuant judicially created compulsory license may well acceptable resolution relief issue ii article constitution provides congress shall power promote progress science useful arts securing limited times authors inventors exclusive right respective writings discoveries copyright law like patent statutes makes reward owner secondary consideration fox film doyal chief justice hughes spoke follows respecting copyright monopoly granted congress sole interest primary object conferring monopoly lie general benefits derived public labors authors said reward author artist serves induce release public products creative genius paramount pictures beginning law copyright developed response significant changes technology indeed invention new form copying equipment printing press gave rise original need copyright protection repeatedly new developments occurred country congress fashioned new rules new technology made necessary thus long enactment copyright act stat settled protection given copyrights wholly statutory wheaton peters pet remedies infringement prescribed congress thompson hubbard judiciary reluctance expand protections afforded copyright without explicit legislative guidance recurring theme see teleprompter columbia broadcasting system fortnightly artists television music publishing apollo williams wilkins cl aff equally divided sound policy well history supports consistent deference congress major technological innovations alter market copyrighted materials congress constitutional authority institutional ability accommodate fully varied permutations competing interests inevitably implicated new technology case like congress plainly marked course must circumspect construing scope rights created legislative enactment never contemplated calculus interests guided justice stewart exposition correct approach ambiguities law copyright limited scope copyright holder statutory monopoly like limited copyright duration required constitution reflects balance competing claims upon public interest creative work encouraged rewarded private motivation must ultimately serve cause promoting broad public availability literature music arts immediate effect copyright law secure fair return author creative labor ultimate aim incentive stimulate artistic creativity general public good sole interest primary object conferring monopoly said lie general benefits derived public labors authors fox film doyal see kendall winsor grant raymond pet technological change rendered literal terms ambiguous copyright act must construed light basic purpose twentieth century music aiken footnotes omitted anyone violates exclusive rights copyright owner anyone trespasses exclusive domain using authorizing use copyrighted work one five ways set forth statute infringer copyright conversely anyone authorized copyright owner use copyrighted work way specified statute makes fair use work infringer copyright respect use two respondents case seek relief betamax users allegedly infringed copyrights moreover class action behalf copyright owners license works television broadcast respondents right invoke whatever rights copyright holders may bring infringement actions based betamax copying works made clear evidence copying respondents programs represents small portion total use vtr however taping respondents copyrighted programs provides standing charge sony contributory infringement prevail burden proving users betamax infringed copyrights sony held responsible infringement iii copyright act expressly render anyone liable infringement committed another contrast patent act expressly brands anyone actively induces infringement patent infringer imposes liability certain individuals labeled contributory infringers absence express language copyright statute preclude imposition liability copyright infringements certain parties engaged infringing activity vicarious liability imposed virtually areas law concept contributory infringement merely species broader problem identifying circumstances hold one individual accountable actions another circumstances plainly present kalem harper brothers copyright decision respondents place principal reliance kalem held producer unauthorized film dramatization copyrighted book ben hur liable sale motion picture jobbers turn arranged commercial exhibition film justice holmes writing explained defendant expected invoked advertisement use films dramatic reproduction story conspicuous purpose used one especially made defendant contribute infringement impossible except taking part final act liable principles recognized every part law respondents argue kalem stands proposition supplying means accomplish infringing activity encouraging activity advertisement sufficient establish liability copyright infringement argument rests gross generalization withstand scrutiny producer kalem merely provide means accomplish infringing activity producer supplied work albeit new medium expression sony instant case supply betamax consumers respondents works respondents sony supplies piece equipment generally capable copying entire range programs may televised uncopyrighted copyrighted may copied without objection copyright holder copyright holder prefer copied betamax used make authorized unauthorized uses copyrighted works range potential use much broader particular infringing use film ben hur involved kalem kalem support respondents novel theory liability justice holmes stated producer contributed infringement copyright label contributory infringement applied number lower copyright cases involving ongoing relationship direct infringer contributory infringer time infringing conduct occurred cases situations imposition vicarious liability manifestly contributory infringer position control use copyrighted works others authorized use without permission copyright owner case however plainly fall category contact sony users betamax disclosed record occurred moment sale district expressly found employee sony sonam ddbi either direct involvement allegedly infringing activity direct contact purchasers betamax recorded copyrighted works found evidence copies made griffiths individual witnesses suit influenced encouraged sony advertisements ibid vicarious liability imposed sony case must rest fact sold equipment constructive knowledge fact customers may use equipment make unauthorized copies copyrighted material precedent law copyright imposition vicarious liability theory closest analogy provided patent law cases appropriate refer historic kinship patent law copyright law patent act concept infringement concept contributory infringement expressly defined statute prohibition contributory infringement confined knowing sale component especially made use connection particular patent suggestion statute one patentee may object sale product might used connection patents moreover act expressly provides sale staple article commodity commerce suitable substantial noninfringing use contributory infringement charge contributory infringement predicated entirely sale article commerce used purchaser infringe patent public interest access article commerce necessarily implicated finding contributory infringement course remove article market altogether however give patentee effective control sale item indeed finding contributory infringement normally functional equivalent holding disputed article within monopoly granted patentee reason contributory infringement cases arising patent laws always recognized critical importance allowing patentee extend monopoly beyond limits specific grant cases deny patentee right control distribution unpatented articles unless unsuited commercial noninfringing use dawson chemical rohm hass unless commodity use except practice patented method patentee right claim distribution constitutes contributory infringement form basis contributory infringement item must almost uniquely suited component patented invention rosenberg patent law fundamentals ed sale article though adapted infringing use also adapted lawful uses enough make seller contributory infringer rule block wheels commerce henry dick overruled grounds motion picture patents universal film mfg recognize substantial differences patent copyright laws areas contributory infringement doctrine grounded recognition adequate protection monopoly may require courts look beyond actual duplication device publication products activities make duplication possible staple article commerce doctrine must strike balance copyright holder legitimate demand effective merely symbolic protection statutory monopoly rights others freely engage substantially unrelated areas commerce accordingly sale copying equipment like sale articles commerce constitute contributory infringement product widely used legitimate unobjectionable purposes indeed need merely capable substantial noninfringing uses iv question thus whether betamax capable commercially significant noninfringing uses order resolve question need explore different potential uses machine determine whether constitute infringement rather need consider whether basis facts found district significant number noninfringing moreover order resolve case need give precise content question much use commercially significant one potential use betamax plainly satisfies standard however understood private noncommercial home respondents right prevent copyright holders authorizing programs district factual findings reveal even unauthorized home respondents programs legitimate fair use authorized respondents owns large inventory valuable copyrights total spectrum television programming combined market share small exact percentage specified well prevail outcome litigation significant impact producers viewers remaining programming nation doubt many producers share respondents concern possible consequences unrestricted copying nevertheless findings district make clear may enlarge total viewing audience many producers willing allow private continue least experimental time period district found even deemed recording copyrighted material constituted infringement betamax still legally used record noncopyrighted material material whose owners consented copying injunction deprive public ability use betamax noninfringing recording defendants introduced considerable testimony trial potential copying sports religious educational programming included testimony representatives offices commissioners national football basketball baseball hockey leagues associations executive director national religious broadcasters various educational communications agencies plaintiffs attack weight testimony offered also contend injunction warranted infringing uses outweigh noninfringing uses whatever future percentage legal versus illegal recording might injunction seeks deprive public tool article commerce capable noninfringing use extremely harsh remedy well one unprecedented copyright law first testimony john kenaston station manager channel educational station los angeles affiliated public broadcasting service explained authenticated station published guide programs program guide tells whether unlimited home taping authorized home taping authorized subject certain restrictions erasure within seven days home taping authorized spring edition guide described programs programs authorize home taping almost authorize unrestricted home taping second testimony fred rogers president corporation produces owns copyright mister rogers neighborhood program carried public television stations program audience numbers families day testified absolutely objection home taping noncommercial use expressed opinion real service families able record children programs show appropriate times millions owners vtr make copies televised sports events religious broadcasts educational programs mister rogers neighborhood proprietors programs welcome practice business supplying equipment makes copying feasible stifled simply equipment used individuals make unauthorized reproductions respondents works respondents represent class composed copyright holders yet finding contributory infringement inevitably frustrate interests broadcasters reaching portion audience available course fact copyright holders may welcome practice mean respondents deemed granted license copy programs conduct wholly irrelevant action direct infringement respondents copyrights action contributory infringement seller copying equipment copyright holder may prevail unless relief seeks affects programs unless speaks virtually copyright holders interest outcome case record makes perfectly clear many important producers national local television programs find nothing objectionable enlargement size television audience results practice private home use seller equipment expands producers audiences contributory infringer true case direct involvement infringing activity unauthorized even unauthorized uses copyrighted work necessarily infringing unlicensed use copyright infringement unless conflicts one specific exclusive rights conferred copyright statute twentieth century music aiken moreover definition exclusive rights present act prefaced words subject sections sections describe variety uses copyrighted material infringements copyright notwithstanding provisions section pertinent case legislative endorsement doctrine fair use section identifies various factors enable apply equitable rule reason analysis particular claims infringement although conclusive first factor requires commercial nonprofit character activity weighed fair use decision betamax used make copies commercial profitmaking purpose use presumptively unfair contrary presumption appropriate however district findings plainly establish private home use must characterized noncommercial nonprofit activity moreover one considers nature televised copyrighted audiovisual work see ed merely enables viewer see work invited witness entirety free charge fact entire work reproduced see ordinary effect militating finding fair use however end inquiry congress also directed us consider effect use upon potential market value copyrighted work purpose copyright create incentives creative effort even copying noncommercial purposes may impair copyright holder ability obtain rewards congress intended use demonstrable effect upon potential market value copyrighted work need prohibited order protect author incentive create prohibition noncommercial uses merely inhibit access ideas without countervailing benefit thus although every commercial use copyrighted material presumptively unfair exploitation monopoly privilege belongs owner copyright noncommercial uses different matter challenge noncommercial use copyrighted work requires proof either particular use harmful become widespread adversely affect potential market copyrighted work actual present harm need shown requirement leave copyright holder defense predictable damage necessary show certainty future harm result necessary showing preponderance evidence meaningful likelihood future harm exists intended use commercial gain likelihood may presumed noncommercial purpose likelihood must demonstrated case respondents failed carry burden regard home district described respondents evidence follows plaintiffs experts admitted several points trial without librarying result great deal harm plaintiffs greatest concern point important philosophy transcends even commercial judgment fear betamax usage invisible boundaries passed copyright owner lost control program plaintiffs predictions harm hinge speculation audience viewing patterns ratings measurement system sidney sheinberg mca president calls black art significant level imprecision involved calculations question potential future harm district offered detailed analysis evidence rejected respondents fear persons watching original telecast program measured live audience ratings revenues decrease observing current measurement technology allows betamax audience reflected rejected respondents prediction live television movie audiences decrease people watch betamax tapes alternative observation factual basis underlying assumption ibid rejected respondents fear reduce audiences telecast reruns concluded instead given current market practices aid plaintiffs rather harm ibid declared respondents suggestion theater film rental exhibition program suffer recording program lacks merit completing review district restated overall conclusion several times several different ways harm speculative best minimal ibid audience benefits capability already discussed implausible benefits also accrue plaintiffs broadcasters advertisers betamax makes possible persons view broadcasts ibid likelihood harm shown trial plaintiffs admitted actual harm date testimony trial suggested betamax may require adjustments marketing strategy establish even likelihood harm television production plaintiffs today profitable ever five weeks trial concrete evidence suggest betamax change studios financial picture ibid district conclusions buttressed fact extent expands public access freely broadcast television programs yields societal benefits community television southern california gottfried acknowledged public interest making television broadcasting available concededly interest unlimited supports interpretation concept fair use requires copyright holder demonstrate likelihood harm may condemn private act violation federal law factors weighed equitable rule reason balance must conclude record amply supports district conclusion home fair use light findings district regarding state empirical data clear appeals erred holding statute presently written bars conduct summary record findings district lead us two conclusions first sony demonstrated significant likelihood substantial numbers copyright holders license works broadcast free television object broadcasts private viewers second respondents failed demonstrate cause likelihood nonminimal harm potential market value copyrighted works betamax therefore capable substantial noninfringing uses sony sale equipment general public constitute contributory infringement respondents copyrights direction art congress shall power promote progress science useful arts constitution permissive sign far congress chosen go come congress deepsouth packing laitram may well congress take fresh look new technology often examined innovations past job apply laws yet written applying copyright statute reads facts developed case judgment appeals must reversed ordered footnotes four retailers carter hawley hales stores associated dry goods federated department stores henry camera corp principal defendants sony corporation manufacturer equipment wholly owned subsidiary sony corporation america advertising agency doyle dane bernback also involved marketing betamax also petitioner individual vtr user william griffiths named defendant district respondents sought relief griffiths petitioner convenience shall refer petitioners collectively sony evidence vtr may used respondents offered testimony william griffiths griffiths although named individual defendant client plaintiffs law firm district summarized testimony follows owns approximately tapes griffiths bought betamax intended record erase also build library cassettes maintaining library however proved expensive erasing earlier tapes reusing griffiths copied minutes universal motion picture called never give inch two episodes universal television series entitled baa baa black sheep holmes yo yo erased request plaintiffs counsel kept griffiths also testified copied already erased universal films called alpha caper erased anyone saw amelia earhart time deposition griffiths intend keep universal film library griffiths also recorded documentaries news broadcasts sporting events political programs rerun debate supp district summarized findings surveys follows according plaintiffs survey vtr owners use machines record purposes half time defendants survey showed betamax owners used machine record programs otherwise missed plaintiffs asked interviewees many cassettes library said fewer defendants survey total programs viewed interviewees past month viewed one time plans viewing defendants interviewees watched amount regular television owning betamax reported frequency movie going unaffected betamax see defendants exh table tr trial also briefly touched upon demonstrations betamax retailer petitioners alleged infringements respondents district held respondents claim appeals affirmed holding respondents issue also found access matter convenience plaintiffs suggested access limited simply inconvenience basic need work access better program also limited competitive practice counterprogramming without productive use copyrighted material reproduced intrinsic use mass copying sort involved case precludes application fair use report accompanying comprehensive revision copyright act judiciary committee house representatives explained balance enactment copyright legislation congress terms constitution based upon natural right author writings upon ground welfare public served progress science useful arts promoted securing authors limited periods exclusive rights writings enacting copyright law congress must consider two questions first much legislation stimulate producer benefit public second much monopoly granted detrimental public granting exclusive rights proper terms conditions confers benefit upon public outweighs evils temporary monopoly thus example development marketing player pianos perforated rolls music see music publishing apollo preceded enactment copyright act innovations copying techniques gave rise statutory exemption library copying embodied revision copyright law development technology made possible retransmit television programs cable microwave systems see fortnightly artists television teleprompter columbia broadcasting system prompted enactment complex provisions set forth ed years detailed congressional study see eastern microwave doubleday sports enacting sound recording amendment stat congress also provided solution record piracy problems created development audio tape recorder sony argues legislative history act see especially indicates congress intend prohibit private home use either audio video tape recording equipment view disposition contributory infringement issue express opinion question copyright protection became necessary invention printing press early beginnings british censorship laws fortunes law copyright always closely connected freedom expression one hand technological improvements means dissemination successive ages drawn different balances among interest writer control exploitation intellectual property related interest publisher competing interest society untrammeled dissemination ideas foreword kaplan unhurried view copyright see music publishing apollo cf deep south packing laitram law never recognized author right absolute control work natural tendency legal rights express absolute terms exclusion else particularly pronounced history constitutionally sanctioned monopolies copyright patent see paramount pictures copyright owners claiming right tie license one film license another copyright law fox film doyal copyright owner claiming copyright renders immune state taxation copyright royalties straus copyright owner claiming right fix resale price works within scope copyright international business machines patentees claiming right tie sale unpatented article lease patented device section act provides subject sections owner copyright title exclusive rights authorize following reproduce copyrighted work copies phonorecords prepare derivative works based upon copyrighted work distribute copies phonorecords copyrighted work public sale transfer ownership rental lease lending case literary musical dramatic choreographic works pantomimes motion pictures audiovisual works perform copyrighted work publicly case literary musical dramatic choreographic works pantomimes pictorial graphic sculptural works including individual images motion picture audiovisual work display copyrighted work publicly moreover anyone willfully infringes copyright reproduce motion picture purposes commercial advantage private financial gain subject substantial criminal penalties ed fruits instrumentalities crime forfeited upon conviction regard reject respondents attempt cast action comparable class action positions taken amici copyright interests attempt treat statements made amici evidence case see brief respondents stated desires amici concerning outcome litigation substitute class action evidence case influence decision examine amicus curiae brief solely whatever aid provides analyzing legal questions us district correctly observed however lines direct infringement contributory infringement vicarious liability clearly drawn lack clarity area may part attributable fact infringer merely one uses work without authorization copyright owner also one authorizes use copyrighted work without actual authority copyright owner note parties statements questions sony liability doctrines direct infringement vicarious liability nominally compare brief respondents reply brief petitioners also observe however reasoned analysis respondents unprecedented contributory infringement claim necessarily entails consideration arguments case law may also forwarded labels indeed parties large extent rely upon arguments authority support respective positions issue contributory infringement dance hall cases famous music bay state harness horse racing breeding racetrack retained infringer supply music paying customers keca music dingus mcgee supp wd mo cocktail lounge hired musicians supply music paying customers dreamland ball room shapiro bernstein dance hall hired orchestra supply music paying customers often contrasted cases landlords leased premises direct infringer fixed rental participate directly infringing activity found liable contributory infringement deutsch arnold shapiro bernstein green owner chainstores retained direct infringer run record departments relationship structured licensing arrangement defendant bore none business risk running department instead received direct infringer gross receipts appeals concluded cases one lie closer spectrum model model particular facts us green relationship infringing licensee well strong concern financial success phonograph record concession renders liable unauthorized sales bootleg records imposition vicarious liability case us deemed unduly harsh unfair green power police carefully conduct concessionaire judgment simply encourage thus placing responsibility effectively exercised emphasis original screen music records supp sdny direct infringer manufactured sold bootleg records denying motion summary judgment district held infringer advertising agency radio stations advertised infringer works service agency boxed mailed infringing goods held liable trial demonstrated knew known dealing illegal goods paramount pictures fox film doyal wheaton peters pet two areas law naturally identical twins exercise caution expressed past applying doctrine formulated one area see generally mazer stein straus consistently rejected proposition similar kinship exists copyright law trademark law process recognized basic similarities copyrights patents cases see also drug theodore rectanus trademark right little analogy copyright patent mclean fleming canal clark wall given fundamental differences copyright law trademark law copyright case look standard contributory infringement set forth inwood laboratories ives laboratories crafted application trademark cases observed manufacturer distributor held liable owner trademark intentionally induced merchant chain distribution pass product trademark owner continued supply product readily passed particular merchant knew mislabeling product trademark owner mark inwood narrow standard contributory trademark infringement governed respondents claim contributory infringement merit little discussion sony certainly intentionally induc customers make infringing uses respondents copyrights supply products identified individuals known engaging continuing infringement respondents copyrights see title provides except otherwise provided title whoever without authority makes uses sells patented invention within term patent therefor infringes patent whoever actively induces infringement patent shall liable infringer whoever sells component patented machine manufacture combination composition material apparatus use practicing patented process constitution material part invention knowing especially made especially adapted use infringement patent staple article commodity commerce suitable substantial noninfringing use shall liable contributory infringer patent owner otherwise entitled relief infringement contributory infringement patent shall denied relief deemed guilty misuse illegal extension patent right reason done one following derived revenue acts performed another without consent constitute contributory infringement patent licensed authorized another perform acts performed without consent constitute contributory infringement patent sought enforce patent rights infringement contributory infringement seems extraordinary suggest copyright act confers upon copyright owners collectively much less two respondents case exclusive right distribute vtr simply may used infringe copyrights however logical implication claim request injunction indicates respondents seek effect declare vtr contraband suggestion continuing royalty pursuant judicially created compulsory license acceptable remedy merely indicates respondents part willing license claimed monopoly interest vtr sony return royalty record suggests disney programs time trial consisted approximately one hour week network television one syndicated series universal percentage los angeles market commercial television stations see tr district make explicit findings regard much broadcasting wholly uncopyrighted record include testimony least one movie man godfrey falls within category certain broadcasts produced federal government also uncopyrighted see cf schnapper foley app explaining distinction work produced government work commissioned government extent broadcasting significant bolsters conclusion moreover since copyright protection perpetual number audiovisual works public domain necessarily increases year see tr alexander hadden major league baseball jay moyer national football league david stern national basketball association gilbert stein national hockey league thomas hansen national collegiate athletic association benjamin armstrong national religious broadcasters officials authorized official spokespersons respective institutions litigation see fed rule civ proc tr defendants exh pi see also tr similar testimony executive director new jersey public broadcasting authority cf testimony chief new york education department bureau mass communications approving home taping educational purposes public stations well commercial stations program neighborhood hours children use think real service families able record programs show appropriate times always felt advent new technology allows people tape neighborhood speaking neighborhood produce become much active programming family television life frankly opposed people programmed others whole approach broadcasting always important person way make healthy decisions maybe going long feel anything allows person active control life healthy way important see also defendants exh pi may rare large numbers copyright owners authorize duplication works without demanding fee copier context public broadcasting however user copyrighted work required pay fee access underlying work traditional method copyright owners capitalize upon television medium commercially sponsored free public broadcast public airwaves predicated upon assumption compensation value displaying works received form advertising revenues context television programming producers evidently believe permitting home viewers make copies works air actually enhances value copyrights irrespective reasons authorizing practice significant enough numbers create substantial market noninfringing use sony vtr one dispute legitimacy market producers authorized home taping programs exchange license fee paid directly home user legitimacy market compromised simply producers authorized home taping programs without demanding fee home user copyright law require copyright owner charge fee use works record clearly demonstrates owner copyright may well economic noneconomic reasons permitting certain kinds copying occur without receiving direct compensation copier role courts tell copyright holders best way exploit copyrights even respondents competitors authorizing home videotaping change fact created substantial market paradigmatic noninfringing use sony product copyright act stat fair use provision although act compendium exclusive rights print reprint publish copy vend copyrighted work broad enough encompass virtually potential interactions copyrighted work statute never construed courts simply refused read statute literally every situation congress amended statute indicated intended restate present judicial doctrine fair use change narrow enlarge way section provides notwithstanding provisions section fair use copyrighted work including use reproduction copies phonorecords means specified section purposes criticism comment news reporting teaching including multiple copies classroom use scholarship research infringement copyright determining whether use made work particular case fair use factors considered shall include purpose character use including whether use commercial nature nonprofit educational purposes nature copyrighted work amount substantiality portion used relation copyrighted work whole effect use upon potential market value copyrighted work house report expressly stated fair use doctrine equitable rule reason explanation fair use section although courts considered ruled upon fair use doctrine real definition concept ever emerged indeed since doctrine equitable rule reason generally applicable definition possible case raising question must decided facts general intention behind provision statement fair use doctrine section offers guidance users determining principles doctrine apply however endless variety situations combinations circumstances rise particular cases precludes formulation exact rules statute bill endorses purpose general scope judicial doctrine fair use disposition freeze doctrine statute especially period rapid technological change beyond broad statutory explanation fair use criteria applicable courts must free adapt doctrine particular situations basis supra committee amended first criteria considered purpose character use state explicitly factor includes consideration whether use commercial nature educational purposes amendment intended interpreted sort limitation educational uses copyrighted works express recognition present law commercial character activity conclusive respect fair use weighed along factors fair use decisions supra suggested consumptive uses copyrights home vtr users commercial even consumer sell tape consumer buy tapes separately sold copyrightholder home recording copyrighted works hearing subcommittee courts civil liberties administration justice house committee judiciary pt memorandum laurence tribe furthermore error excusing theft noncommercial told seen simple analogy jewel theft converted noncommercial veniality stolen jewels simply worn rather sold ibid premise analogy indeed simple add nothing argument use stolen jewelry put quite irrelevant determining whether depriving true owner present possessory interest venial nature item true owner interests physical possession law finds taking objectionable even thief use item theft particular item personal property course may commercial significance thief deprives owner right sell particular item individual even remotely entail comparable consequences copyright owner moreover steals program watching live viewer live viewer likely buy prerecorded videotapes indeed live viewer buy prerecorded videotape access vtr cf latman fair use copyrighted works reprinted study senate committee judiciary copyright law revision studies prepared subcommittee patents trademarks copyrights certain situations copyright owner suffers substantial harm use work partial marriage doctrine fair use legal maxim de minimus non curat lex see also noted however plaintiffs argument complicated speculative plaintiff williams wilkins plaintiffs ask find harm based many assumptions discussed fully part iv infra assumptions based neither fact experience plaintiffs admit extent inconsistent illogical testimony trial however nielsen ratings already developed ability measure betamax sample home recording program thus betamax owner measured part live audience later diary augment measurement information subsequent viewing separate section district rejected plaintiffs suggestion commercial attractiveness television broadcasts diminished betamax owners use pause button control avoid viewing advertisements must remembered however omit commercials betamax owners must view program including commercials recording avoid commercials playback viewer must part guess commercial passed recordings either practice may tedious defendants survey showed programs recorded commercials owners advertisers make kinds judgments whether persons viewing televised programs actually watch advertisements interrupt plaintiffs assume people view copies otherwise watching television going movie theater factual basis assumption seems equally likely betamax owners play tapes nothing television wish see movie want attend defendants survey show negative effect betamax ownership television viewing theater attendance underlying assumptions particularly difficult accept plaintiffs explain betamax increases access original televised material people original audience fewer people rerun attract yet current marketing practices including success syndication show opposite today larger audience original telecast higher price plaintiffs demand broadcasters rerun rights survey within knowledge show rerun audience comprised persons seen program event ratings reflect betamax recording original audiences may increase given market practices aid plaintiffs rather harm ibid suggestion lacks merit definition recording entails viewing erasing program longer tape later theater run begins course plaintiffs may fear betamax owners keep tapes long enough satisfy interest program therefore patronize later theater exhibitions extent practice involves librarying addressed section infra also noted evidence suggest public interest later theatrical exhibitions motion pictures reduced betamax recording already television broadcast film appeals chose engage equitable rule reason analysis case instead assumed category fair use rigidly circumscribed requirement every use must productive therefore concluded copying television program merely enable viewer receive information entertainment otherwise miss personal scheduling conflict never fair use understanding fair use erroneous congress plainly instructed us fair use analysis calls sensitive balancing interests distinction productive unproductive uses may helpful calibrating balance wholly determinative although copying promote scholarly endeavor certainly stronger claim fair use copying avoid interrupting poker game question simply one thing true copyrights fungible copyrights govern material broad potential secondary markets material may well broader claim protection greater potential commercial harm copying news broadcast may stronger claim fair use copying motion picture course uses fungible copying commercial gain much weaker claim fair use copying personal enrichment notion social productivity complete answer analysis teacher copies prepare lecture notes clearly productive teacher copies sake broadening personal understanding specialty legislator copies sake broadening understanding constituents watching constituent copies news program help make decision vote making copy copyrighted work convenience blind person expressly identified house committee report example fair use suggestion anything purpose entertain inform need motivate copying hospital setting using vtr enable patient see programs otherwise miss productive purpose contributing psychological patient virtually increases viewer access television programming may result comparable benefit statutory language identify dichotomy productive nonproductive require consideration economic consequences copying justice blackmun justice marshall justice powell justice rehnquist join dissenting restatement facts judicial history case necessary view proper focus upon issues respondents position hardly unprecedented ante copyright law really embody gross generalization ante novel theory liability ante like belittling claims describes efforts respondents introduction home videotape recorder vtr upon market enabled millions americans make recordings television programs homes future repeated viewing convenience practice proved highly popular owners television sets vtr understandably matter concern holders copyrights recorded programs result present litigation raising issues whether home recording copyrighted television program infringement copyright whether manufacturers distributors vtr liable contributory infringers hope questions ultimately considered seriously depth congress resolved despite fact decision today provides little incentive congressional action task meantime however resolve issues best light existing copyright law answer course refer stress consistent deference congress whenever major technological innovations appear ante perhaps better accurate description tended evade hard issues arise area copyright law see reason particularly pleased tradition continue indeed fairly clear legislative history act congress meant change old pattern enact statute cover new technologies well old ii respondents universal city studios walt disney productions studios brought copyright infringement action district central district california among others petitioners sony corporation japanese corporation sony corporation america new york corporation manufacturer distributor respectively betamax vtr studios sought damages profits injunction sales use betamax betamax tapes betamax like vtr presently capable recording television broadcasts air videotape cassettes playing back later time two kinds betamax usage issue first whereby user records program order watch later time records thereby erases program single viewing second user records program order keep repeated viewing longer term sony advertisements various times suggested betamax users record favorite shows build library sony betamax advertising never contained warnings copyright infringement although warning appear betamax operating instructions studios produce copyrighted movies works release theaters license television broadcast also rent sell works film prerecorded videotapes videodiscs license fees television broadcasts set according audience ratings compiled rating services measure playbacks videotapes studios make serious claim vtr recording may result decrease revenue licensing works television marketing ways trial district detailed opinion ruled home vtr recording infringe studios copyrights either act mar act stat amended formerly codified et seq copyright revision act act stat et seq district also held even home vtr recording infringement sony held liable theories direct infringement contributory infringement vicarious liability finally concluded injunction sales betamax inappropriate even sony liable one theories supp appeals ninth circuit reversed virtually every respect held act act contained implied exemption home use recording recording fair use use betamax record studios copyrighted works infringed copyrights appeals also held sony liable contributory infringement reasoning sony knew anticipated betamax used record copyrighted material air sony indeed induced caused materially contributed infringing conduct appeals remanded case district appropriate relief suggested district consider award damages continuing royalty lieu injunction iii copyright clause constitution art cl empowers congress promote progress science useful arts securing limited times authors inventors exclusive right respective writings discoveries nation initial copyright statute passed first congress entitled act encouragement learning gave author sole right liberty printing reprinting publishing vending map chart book books period years act may stat since technology available authors creating preserving writings changed governing statute changed many amendments complete revisions authors rights expanded provide protection original works authorship fixed tangible medium expression including motion pictures audiovisual works section act grants owner copyright variety exclusive rights copyrighted work including right reproduce copyrighted work copies phonorecords grant expressly made subject create number exemptions limitations copyright owner rights important sections present purposes section fair use copyrighted work infringement copyright act like predecessors give copyright owner full complete control possible uses work work put use enumerated use infringement see fortnightly artists television thus considering whether home videotaping comes within scope fair use exemption one first must inquire whether practice appears violate exclusive right granted first instance reproduce copyrighted work copies phonorecords although word copies plural question act making even single unauthorized copy prohibited senate house reports explain references copies phonorecords although plural intended throughout bill include singular senate report house report reports describe reproduction right established right reproduce copyrighted work copies phonorecords means right produce material object work duplicated transcribed imitated simulated fixed form perceived reproduced otherwise communicated either directly aid machine device present law copyrighted work infringed reproducing whole substantial part duplicating exactly imitation simulation senate report house report act accompanying reports specify detail situations single copy copyrighted work may made without infringement concerns section example permits library archives reproduce one copy phonorecord work patron limited conditions entire work moreover copied obtained elsewhere fair price see also broadcaster may make one copy phonorecord particular transmission program certain conditions respects making single copies permissible within limited confines fair use doctrine senate report section headed single multiple copying notes fair use doctrine permit teacher make single copy work use classroom work sizable one novel treatise senate report accord house report situations making single copy fair use described house senate reports neither statute legislative history suggests intent create general exemption single copy made personal private use indeed appears congress considered rejected possibility special private use exemption issue raised early revision process one studies prepared congress supervision copyright office latman fair use copyrighted works reprinted study senate committee judiciary copyright law revision studies prepared subcommittee patents trademarks copyrights latman fair use study study found reported case supporting existence exemption private use although noted purpose nature private use cases small amount taken might lead apply general principles fair use way deny liability reviewing number foreign copyright laws contained explicit statutory exemptions private personal use professor latman outlined several approaches revision bill take general issue exemptions fair use one adoption particularized rules cover specific situations including field personal use rejecting latter alternative register copyrights recommended revised copyright statute simply mention doctrine fair use indicate general scope register opposed adoption rules exemptions cover specific situations preferring instead rely fair use doctrine resolve new problems arose see register report register supplementary report register approach reflected first copyright revision bills drafted copyright office bills like act granted copyright owner exclusive right reproduce copyrighted work subject exceptions set later sections primary exception fair use containing language virtually identical act although copyright revision bills underwent change many respects first introduction final passage portions bills change conclude congress like register intended rely fair use doctrine per se exemption private use separate permissible copying impermissible congress intended special protective treatment private use moreover said explicitly one explicit statement appears copyright owner exclusive right perform copyrighted work contrast right reproduce work copies limited section grants copyright owner exclusive right perform work publicly afford owner protection respect private performances others motion picture performed whenever images shown sounds made audible like sing ing copyrighted lyric shower twentieth century music aiken watching television home one family friends considered performance senate report house report home television viewing nevertheless infringe copyright contains word publicly see generally senate report house report register report distinction public private uses appears prohibition making copies similarly explicit reference private use appears section library make copy patron specific types private use private study scholarship research see cfr limits also imposed extent copying type institution may make copies exemption expressly made inapplicable motion pictures certain types works limitations wholly superfluous entire copy work made person private use district case nevertheless concluded act contained implied exemption recording relied primarily legislative history amendment act reliance today duplicate ante amendment however addressed specific problem commercial piracy sound recordings act stat amendment house report amendment section entitled home recording contains following statement approving creation limited copyright sound recordings intention committee limited copyright grant broader rights accorded copyright proprietors existing title specifically intention committee restrain home recording broadcasts tapes records recorded performances home recording private use purpose reproducing otherwise capitalizing commercially practice common unrestrained today record producers performers different position owners copyright recorded musical compositions past years house report unlike television broadcasts types motion pictures sound recordings protected copyright prior passage amendment although underlying musical work copyrighted act provided protection particular performer rendition work moreover copyrighted musical works recorded public distribution subject compulsory license person free record work upon payment royalty copyright owner stat reproduction without payment royalty infringement act damages limited three times amount unpaid royalty stat shapiro bernstein goody cert denied observed practical effect provisions legalize record piracy see house report order suppress piracy amendment extended copyright protection beyond underlying work sound recordings congress chose however provide limited protection owners copyright sound recordings given exclusive right reproduce works distribute public amendment stat formerly codified right merely right commercial distribution see cong rec colloquy kazen kastenmeier bill protects copyrighted material duplicated commercial purposes background statements regarding home recording amendment appear different light home recording common unrestrained act see house report sound recordings copyright protection owner copyright underlying musical work collect royalty plus cents damages unauthorized use little stake surprising assistant register id see anybody going anyone home preventing sort thing house hearings references home sound recording amendment legislative history demonstrate congressional intent create generalized exemption copyright protection congress recognized act unsuccessful controlling home sound recording addressed specific problem commercial record piracy quote assistant register ringer home use legislation addressed amendment narrowed sound recordings loophole existing copyright law motion pictures audiovisual works accorded full copyright protection since least see act stat perhaps see edison lubin appeal dism congress continued protection act unlike sound recording rights created amendment reproduction rights associated motion pictures limited reproduction public distribution copyright owner right reproduce work exists independently mere duplication copy may constitute infringement even never distributed register supplementary report see senate report house report moreover act intended comprehensive treatment aspects copyright law reports accompanying act unlike house report contain suggestion recording somehow outside scope statute clearly intent congress additional exemptions implied therefore find act implied exemption cover home taping television programs whether single copy private use home use taping copyrighted television program infringement unless permitted fair use exemption contained act turn issue iv fair use congress provide definitive rules codified fair use doctrine act simply incorporated list factors considered purpose character use nature copyrighted work amount substantiality portion used perhaps important effect use upon potential market value copyrighted work emphasis supplied particular weight however assigned list intended exclusive house senate reports explain give statutory recognition fair use doctrine intended restate present judicial doctrine fair use change narrow enlarge way house report see senate report despite absence clear standards fair use doctrine plays crucial role law copyright purpose copyright protection words constitution promote progress science useful arts copyright based belief granting authors exclusive rights reproduce works given incentive create encouragement individual effort personal gain best way advance public welfare talents authors inventors science useful arts mazer stein monopoly created copyright thus rewards individual author order benefit public twentieth century music aiken fox film doyal see situations nevertheless strict enforcement monopoly inhibit progress science useful arts copyright intended promote obvious example researcher scholar whose work depends ability refer quote work prior scholars obviously author create new work first required repeat research every author gone scholar like ordinary user course left bargain copyright owner permission quote refer prior works crucial difference scholar ordinary user ordinary user decides owner price high forgoes use work individual loser scholar forgoes use prior work work suffer public deprived contribution knowledge scholar work words produces external benefits everyone profits case fair use doctrine acts form subsidy albeit first author expense permit second author make limited use first author work public good see latman fair use study gordon fair use market failure structural analysis betamax case predecessors colum rev similar subsidy may appropriate range areas pure scholarship situations fair use commonly recognized listed fair use may found work used purposes criticism comment news reporting teaching scholarship research house senate reports expand list somewhat examples may found case law uses however reflects common theme productive use resulting added benefit public beyond produced first author work fair use doctrine words permits works used socially laudable purposes see copyright office briefing papers current issues reprinted house hearings aware case reproduction copyrighted work sole benefit user held fair use suggest course every productive use fair use finding fair use still must depend facts individual case whether circumstances reasonable expect user bargain copyright owner use work fair use doctrine must strike balance dual risks created copyright system one hand depriving authors monopoly reduce incentive create granting authors complete monopoly reduce creative ability others inquiry necessarily flexible one endless variety situations may arise precludes formulation exact rules user reproduces entire work uses original purpose added benefit public doctrine fair use usually apply need whatsoever provide ordinary user fair use subsidy author expense making videotape recording home viewing ordinary rather productive use studios copyrighted works district found betamax owners use copy purpose original add nothing although applying fair use doctrine home vtr recording sony argues may increase public access material broadcast free public airwaves think sony argument misconceives nature copyright copyright gives author right limit even cut access work fox film doyal vtr recording creates public benefit sufficient justify limiting right right extinguished copyright owner choice make work available airwaves section act grants copyright owner exclusive right control performance reproduction work fact licensed single television performance really irrelevant existence right control reproduction although television broadcast may free viewer fact equally irrelevant book borrowed public library may copied freely book purchased may tempting view today tempted stretch doctrine fair use permit unfettered use new technology order increase access television programming extension risks eroding basis copyright law depriving authors control works consequently incentive create even context highly productive educational uses congress avoided temptation passing act congress made clear videotaping permitted limited situations see house report senate report senate report adds committee intend suggest recording convenience circumstances considered fair use disregard admonitions recognize nevertheless situations permitting even unproductive use effect author incentive create use affect value market author work photocopying old newspaper clipping send friend may example pinning quotation one bulletin board may another cases effect author truly de minimis thus even though uses provide benefit public large purpose served preserving author monopoly use may regarded fair courts move caution however depriving authors protection unproductive ordinary uses noted even case productive use requires consideration effect use upon potential market value copyrighted work emphasis added particular use may seem little economic impact author rights today assume tremendous importance times come register supplementary report although use may seem harmless viewed isolation solated instances minor infringements multiplied many times become aggregate major inroad copyright must prevented senate report therefore conclude least proposed use unproductive one copyright owner need prove potential harm market value copyrighted work see nimmer copyright proof actual harm even probable harm may impossible area effect new technology speculative requiring proof present real danger confining scope author rights basis present technology years go copyright loses much value unforeseen technical advances register supplementary report infringement thus found copyright owner demonstrates reasonable possibility harm result proposed use use one creates benefit public large copyright protection denied basis new technology may result harm yet done studios identified number ways vtr recording damage copyrights vtr recording reduce ability market works movie theaters rental sale prerecorded videotapes videodiscs also reduce rerun audience consequently license fees available repeated showings moreover advertisers may willing pay live viewing audiences believe vtr viewers delete commercials rating services unable measure vtr use case vtr recording reduce license fees studios able charge even showings may raise potential types harm identified studios may raise potential substantial harm well although district found likelihood harm vtr use conclude applied incorrect substantive standard misallocated burden proof district reasoned studios failed prove occur significant extent studios prerecorded videodiscs compete vtr recordings arguably desirable ibid clear movie audiences decrease practice deleting commercials may tedious many viewers ibid extent decrease advertising revenues occur concluded studios marketing alternatives hand recoup predicted loss studios prediction harm based many assumptions system marketing rapidly changing hesitant identify probable effects copying ibid district reluctance engage prediction area understandable view mistaken concluding studios bear risk created uncertainty studios demonstrated potential harm refuted early stage technological development district analysis harm moreover failed consider effect vtr recording potential market value copyrighted work required requirement putatively infringing use copyrighted work fair must impair potential market work two implications first infringer prevail merely demonstrating copyright holder suffered net harm infringer action indeed even showing infringement resulted net benefit copyright holder suffice rather infringer must demonstrate impaired copyright holder ability demand compensation deny access group otherwise willing pay see hear copyrighted work second fact given market copyrighted work available copyright holder infringer activities permit infringer exploit market without compensating copyright holder see iowa state university research foundation american broadcasting case studios amici demonstrate advent vtr technology created potential market copyrighted programs market consists persons find impossible inconvenient watch programs time broadcast wish watch times persons willing pay privilege watching copyrighted work convenience evidenced fact willing pay vtr tapes undoubtedly also willing pay kind royalty copyright holders studios correctly argue deprived ability exploit sizable market thus apparent record findings district substantial adverse effect upon potential market studios copyrighted works accordingly even formulation fair use doctrine advanced sony deemed fair use contributory infringement well established liability copyright infringement imposed persons actually carry infringing activity kalem harper brothers nimmer copyright see twentieth century music aiken buck realty although liability provision act provides simply nyone violates exclusive rights copyright owner infringer copyright ed house senate reports demonstrate congress intended retain judicial doctrines contributory infringement senate report house report doctrine contributory copyright infringement however well defined one attempts definition appears gershwin publishing columbia artists management case second circuit stated one knowledge infringing activity induces causes materially contributes infringing conduct another may held liable contributory infringer omitted quarrel general statement easily resolve present case district appeals purporting apply reached diametrically opposite results absolving sony liability district reasoned sony direct involvement individual betamax users participate copying know copying infringement studios copyright agree gershwin contributory liability may imposed even defendant formal control infringer defendant gershwin concert promoter operating local concert associations sponsored formal control infringing performers see also twentieth century music aiken moreover finding contributory infringement never depended actual knowledge particular instances infringement sufficient defendant reason know infringement taking place see screen music records supp sdny dance hall cases questions contributory infringement arise frequency proprietors entertainment establishments routinely held liable unauthorized performances premises even knowledge copyrighted works performed effect proprietors cases charged constructive knowledge performances necessary defendant aware infringing activity violates copyright laws section act provides reduction statutory damages infringer proves aware reason believe acts constituted infringement copyright statute establishes general exemption believe infringing activities legal moreover exemption meaningless case prospective relief sought established copying issue infringement defendants necessarily aware fact future undisputed case sony reason know betamax used owners tape copyrighted works air see district also concluded sony caused induced contributed materially infringing activities betamax owners case kind however causation shown indirectly depend evidence particular betamax owners relied particular advertisements analogous case decided two terms ago approved lower conclusion liability contributory trademark infringement imposed manufacturer suggested even implication retailer use manufacturer goods infringe trademark another inwood laboratories ives laboratories see opinion concurring result think standard equally appropriate copyright context district found sony advertised betamax suitable recording favorite shows novels television classic movies visible warning recording constitute copyright infringement aid betamax vtr possible today home television viewers infringe copyright recording recording foreseeable use betamax indeed intended use circumstances agree appeals recording infringement copyright sony induced materially contributed infringing conduct betamax owners sony argues manufacturer seller product used infringe absolved liability whenever product put substantial noninfringing use brief petitioners district held borrowing staple article commerce doctrine governing liability contributory infringement patents see today much less positive see ante agree technical doctrine patent law based part considerations irrelevant field copyright see generally dawson chemical rohm haas imported wholesale copyright law despite common constitutional source see art cl patent copyright protections developed parallel fashion copyright cases past borrowed patent concepts sparingly see straus recognize however many concerns underlying staple article commerce doctrine present copyright law well district noted liability contributory infringement imposed manufacturer seller every product used infringe typewriter camera photocopying machine wheels commerce blocked see also kalem harper brothers therefore conclude significant portion product use noninfringing manufacturers sellers held contributorily liable product infringing uses see ante virtually product use however infringe contributory liability may imposed one buy product noninfringing purposes alone clear manufacturer purposely profiting infringement liability appropriately imposed case copyright owner monopoly extended beyond proper bounds manufacturer product contributes infringing activities others profits directly thereby providing benefit public sufficient justify infringement appeals concluded sony held liable contributory infringement reasoning ideotape recorders manufactured advertised sold primary purpose reproducing television programming irtually television programming copyrighted material agree first propositions second problematic key question amount television programming copyrighted rather amount vtr usage infringing moreover parties amici argued vigorously amount television programming covered copyright amount permission copy given proportion vtr recording infringing ultimately question fact district specifically declined make findings percentage legal versus illegal recording light view law resolution factual question essential therefore remand case consideration district vi adopted approach different one outlined view approach alters dramatically doctrines fair use contributory infringement developed congress courts congress choose respond decision old doctrines resurrected stands however decision today erodes much coherence doctrines struggled achieve disposition case turns conclusion fair use parties agree primary use vtr conclusion correct settle issue sony liability almost definition contributory infringement concludes fair use two reasons seriously flawed first reason concluding fair use claim many copyright holders objection respondents right prevent copyright holders authorizing programs ante explains finding contributory infringement inevitably frustrate interests broadcasters reaching portion audience available ante reasoning however simply confuses question liability difficulty fashioning appropriate remedy may injunction prohibiting sale vtr harm interests copyright holders objection others making copies programs concerns taken account fashioning appropriate remedy liability found remedies may well available interfere authorized appeals mentioned possibility royalty payment allow vtr sales continue unabated parties may able devise narrowly tailored remedies sony may able example build vtr enables broadcasters scramble signal individual programs jam unauthorized recording even appropriate remedy available time misconstrue copyright holders rights manner prevents enforcement development better techniques appropriate remedy becomes available second stated reason finding sony liable contributory infringement conclusion even unauthorized fair use ante et seq conclusion even troubling begins suggesting fair use doctrine operates general equitable rule reason interpretation mischaracterizes doctrine simply ignores language statute section establishes fair use doctrine purposes criticism comment news reporting teaching scholarship research productive uses true legislative history repeatedly doctrine must applied flexibly basis references context productive uses limitation fair use comports purpose facilitate creation new works indication fair use doctrine application purely personal consumption scale involved case application deprives fair use major cohesive force guided evolution doctrine past bypassed initial hurdle establishing use fair purports apply four factors explicitly stated statute first purpose character use including whether use commercial nature nonprofit educational purposes confidently describes noncommercial nonprofit activity clear however personal use programs copied without permission protects intent section encourage users engage activities primary benefit accrues others involves humanitarian impulse likewise something mischaracterization describe noncommercial sense term used statute one commentator observed noncommercial sense stealing jewelry wearing instead reselling noncommercial purely consumptive uses certainly fair use doctrine designed protect awkwardness applying statutory language makes clearer fair use designed protect uses productive next two statutory factors ignored though certainly applicability second factor nature copyrighted work strongly supports view infringing use rationale guiding application factor certain types works typically involving diligence originality inventiveness new york times roxbury data interface supp nj require less copyright protection original works thus example informational works news reports readily lend productive use others less protected creative works entertainment sony surveys indicate entertainment shows account programs recorded betamax owners third statutory factor amount substantiality portion used even devastating interpretation undisputed virtually vtr owners record entire works see thereby creating exact substitute copyrighted original fair use intended allow individuals engaged productive uses copy small portions original works facilitate productive endeavors bears resemblance activity complete duplication involves might alone sufficient preclude finding fair use little wonder chosen ignore statutory factor fourth factor requires evaluation effect use upon potential market value copyrighted work factor upon focuses misread statute mentioned statute requires consider effect use potential market copyrighted work struggled mightily show vtr use reduced value studios copyrighted works present markets even true showing begins proper inquiry development vtr created new market works produced studios market consists persons desire view television programs times broadcast therefore purchase vtr recorders enable studios copyrighted works involves copying however studios entitled share benefits new market benefits currently go sony betamax sales respondents therefore show harm vtr use simply showing value copyrights increase compensated copies used new market existence effect conclusion concerning legality never addresses amount noninfringing use manufacturer must show absolve liability contributory infringer thus difficult discuss test contributory infringement operate practice proper analysis one aspect test formulated however particularly deserves comment explains manufacturer product liable contributory infringement long product capable substantial noninfringing uses ante emphasis supplied definition essentially eviscerates concept contributory infringement unimaginative manufacturer unable demonstrate product capable substantial noninfringing uses surely congress desired prevent sale products used almost exclusively infringe copyrights fact noninfringing uses exist presumably little bearing desire importantly rationale narrow standard contributory infringement reveals confused issue liability remedy finds narrow definition contributory infringement necessary order protect rights others freely engage substantially unrelated areas commerce ante application contributory infringement doctrine implicates rights remedy attendant upon finding liability injunction manufacture product question issue appropriate remedy time seems likely broad injunction remedy ordered unfortunate allowed concern remedy infect analysis liability vii appeals found sony liable remanded district consider propriety injunctive relief conclusion issue liability decide remedy appropriate liability found concur however appeals suggestion award damages continuing royalties even form limited injunction may well appropriate means balancing equities case although express view merits particular proposal certain sony found liable case district able fashion appropriate relief district might conclude course continuing royalty equitable relief feasible studios relegated statutory damages proven instances infringement difficulty fashioning relief possibility complete relief may unavailable affect interpretation statute like many problems created interaction copyright law new technology really satisfactory solution problem presented congress acts twentieth century music aiken dissenting opinion absence congressional solution courts avoid difficult problems refusing apply law must take copyright act find fortnightly artists television little damage possible traditional copyright principles congress legislates dissenting opinion betamax three primary components tuner receives television rf signals broadcast airwaves adapter converts rf signals signals recorder places signals magnetic tape sony also manufactures vtr without tuners capable playing back prerecorded tapes recording home movies videotape record air since betamax tuner used record one channel another channel watched betamax available auxiliary features including timer pause control control allow betamax owners record programs without present avoid present recording commercial messages skip commercials playing back recording videotape reusable user erases record recording case involves home recording home use television programs broadcast free airwaves issue raised concerning cable pay television sharing trading tapes trial studios proved individual instances copyrighted works recorded betamax vtr two instances occurred january primary effective date act others occurred act still effective analysis focuses primarily act principles governing copyright protection works either act act ch stat act july stat act mar stat formerly codified et seq copyright revision act stat codified et seq section provides copyright protection subsists accordance title original works authorship fixed tangible medium expression known later developed perceived reproduced otherwise communicated either directly aid machine device works authorship include following categories literary works musical works including accompanying words dramatic works including accompanying music pantomimes choreographic works pictorial graphic sculptural works motion pictures audiovisual works sound recordings section provides subject sections owner copyright title exclusive rights authorize following reproduce copyrighted work copies phonorecords prepare derivative works based upon copyrighted work distribute copies phonorecords copyrighted work public sale transfer ownership rental lease lending case literary musical dramatic choreographic works pantomimes motion pictures audiovisual works perform copyrighted work publicly case literary musical dramatic choreographic works pantomimes pictorial graphic sculptural works including individual images motion picture audiovisual work display copyrighted work publicly phonorecord defined reproduction sounds sounds accompanying audiovisual work copy reproduction work form phonorecord section provides notwithstanding provisions section fair use copyrighted work including use reproduction copies phonorecords means specified section purposes criticism comment news reporting teaching including multiple copies classroom use scholarship research infringement copyright determining whether use made work particular case fair use factors considered shall include purpose character use including whether use commercial nature nonprofit educational purposes nature copyrighted work amount substantiality portion used relation copyrighted work whole effect use upon potential market value copyrighted work act product revision effort lasting years spurred recognition significant developments technology communications rendered act inadequate see congress authorized copyright office prepare series studies aspects existing copyright law studies prepared presented congress register copyrights drafted comprehensive report recommendations house committee judiciary copyright law revision report register copyrights general revision copyright law sess comm print register report general revision bills introduced near end congress sess register issued second report revised recommendations house committee judiciary copyright law revision pt supplementary report register copyrights general revision copyright law revision bill sess comm print register supplementary report action copyright revision delayed dispute cable television see generally second supplementary report register copyrights general revision copyright law revision bill ch pp draft register second supplementary report compromise led passage present act title provides relevant part determining meaning act congress unless context indicates otherwise words importing plural include singular library photocopying provisions excuse person requests copy library requester use exceeds fair use moreover library absolved liability unsupervised use copying equipment provided equipment bears notice informing users making copy may violate copyright law example making single copy phonorecord individual free service blind person fair use single copy reproduction excerpt copyrighted work calligrapher single client single reproduction excerpts copyrighted work student calligrapher teacher learning situation senate report see house report application fair use doctrine situations course unnecessary act created general exemption making single copy professor latman made special mention personal use issue area one become disturbed recent developments photoduplication devices may make authors publishers groups apprehensive copyright charter recently approved international confederation societies authors composers emphasizes concern authors private uses technological developments said competing seriously author economic interests latman fair use study one exemption proposed register permitting library make single photocopy work excerpts requester certified needed research met opposition included bills initially introduced congress see register report sess register supplementary report library copying provision restored bill pressure library associations register second supplementary report ch iii pp see comm print senate report bills provided fair use copyrighted material purposes criticism comment news reporting teaching scholarship research infringement copyright listed four factors considered determining whether particular use fair revised bills drafted copyright office contained fair use provision merely mentioning doctrine indicating scope notwithstanding provisions section fair use copyrighted work infringement copyright house judiciary committee restored provision earlier wording language adopted committee remained bill later congresses see additions house judiciary committee see house report conf language appears act williams wilkins cl aff equally divided decided process revision copyright statutes claims suggested copying personal use might outside scope copyright protection act reasoned hand copying personal use always regarded permissible practice making personal copies continued typewriters photostat machines developed making personal copies means hand copying permissible well ct appear several flaws reasoning first means clear making hand copy entire work permissible said reported case subject possibly copyright owner ever thought worthwhile sue see latman fair use study nimmer copyright least one early treatise asserted infringement result individual made copies personal use even handwriting rule law excepting manuscript copies law infringement weil american copyright law second hand copying even copying typewriter drudgery involved making hand copies ordinarily ensures necessary fairly small portions work taken unlikely user make hand copy substitute one purchased harm copyright owner hand copying thus minimal recent advent inexpensive readily available copying machines however changed dimensions problem see register second supplementary report ch iii hearings subcommittee courts civil liberties administration justice house committee judiciary house hearings remarks danielson statement robert cairns remarks danielson testimony irwin karp testimony rondo cameron testimony barbara ringer register copyrights thus supposition tort involved scholar copying copyrighted text hand much advance question machine copying kaplan unhurried view copyright trio cases fortnightly artists television teleprompter columbia broadcasting system twentieth century music aiken held reception radio television broadcast performance act narrow construction word perform completely overturned act broad definition perform section house report work performed publicly takes place place open public place substantial number persons outside normal circle family social acquaintances gathered one purpose exemption private performances permit home viewing lawfully made videotapes register noted ew technical devices probably make practical future reproduce televised motion pictures home believe private use reproduction precluded copyright register report emphasis added register suggest private making reproduction televised motion picture permitted copyright law register later reminded congress general concept performance must distinguished sharply reproduction copies register supplementary report hearings provision representative danielson inquired whether apply works fiction gone wind whether limited strictly technical types information uncontradicted response apply general terms science useful arts house hearings testimony robert cairns cf statement harry rosenfield asking right copy gone wind mention senate house reports situations copies private use permissible fair use doctrine example making free copy blind person senate report house report recordings performances music students purposes analysis criticism senate report superfluous well see supra following exchange took place testimony barbara ringer assistant register copyrights biester tell must small pirate home son cassette tape recorder particular record becomes hit retrieve onto little set legislation course point activities miss ringer think answer clearly spoken couple seminars video cassettes lately question usually asked home recorders answer given give something control simply control opinion whether philosophical dogma sooner later going crunch legislation addressed see crunch coming immediate future see anybody going anyone home preventing sort thing forcing legislation engineer piece equipment allow home taping hearings subcommittee house committee judiciary house hearings shortly passage bill colloquy took place representative kastenmeier chairman house subcommittee produced bill representative kazen subcommittee kazen correct assuming bill protects copyrighted material duplicated commercial purposes kastenmeier yes kazen words child record program comes air radio television used personal pleasure listening pleasure use included penalties bill kastenmeier included bill glad gentleman raises point page report home recordings members note bill practice prevails today called namely considered presently proposed law fair use child commercial purposes made clear report cong rec act grant exclusive right copy assistance owner copyright sound recording reproduction sound recording technically considered copy see house hearings testimony barbara ringer assistant register copyrights amendment stat formerly codified purposes specified sections including purpose reproduction sound recording shall considered copy thereof concept carried forward act distinguishes copies phonorecords see supra consideration act congress course well aware limited nature protection granted sound recordings amendment see house hearings testimony barbara ringer register copyrights amendment created copyright sound recording limited particular situation piracy letter john lorenz acting librarian congress amendment unauthorized reproduction distribution public copies sound recording prohibited thus duplication sound recordings private personal use performance sound recordings broadcasting means outside scope amendment representative kastenmeier principal house sponsor revision bill chairman house subcommittee produced made explicit opening day house hearings rom time time certain areas covered bill case unified code operation bill apply whether specifically deal subject therefore really fail deal issue dealt one way code title cover made conscientious decision even omission virtue passing bill deal every issue whether deal completely purpose resolving issues involved question whether dealt four corners bill four corners bill presume deal everything copyright precise phrase fair use apparently enter case law see lawrence dana cas cc mass doctrine found early expression folsom marsh cas cc mass justice story faced intricate embarrassing questio whether biography containing copyrighted letters justifiable use original materials law recognizes infringement copyright plaintiffs determining whether use permitted necessary said justice story consider nature objects selections made quantity value materials used degree use may prejudice sale diminish profits supersede objects original work much must cases depend upon nature new work value extent copies degree original authors may injured thereby similar lists compiled later courts see tennessee fabricating moultrie mfg cert denied mathews conveyer columbia pictures national broadcasting supp sd cal shapiro bernstein collier son uspq sdny hill whalen martell sdny world goes ahead us builds work predecessors dwarf standing shoulders giant see farther giant chafee reflections law copyright colum rev quoting register report senate house reports give examples possible fair uses quotation excerpts review criticism purposes illustration comment quotation short passages scholarly technical work illustration clarification author observations use parody content work parodied summary address article brief quotations news report reproduction library portion work replace part damaged copy reproduction teacher student small part work illustrate lesson reproduction work legislative judicial proceedings reports incidental fortuitous reproduction newsreel broadcast work located scene event reported senate report house report see triangle publications newspapers comparative advertising professor seltzer characterized lists uses reflect ing fact subject matter fair use history adjudication consisted always use second author first author work seltzer exemptions fair use copyright emphasis removed distinguishes mere reproduction work order use intrinsic purpose make might called ordinary use copies made ordinary use work ordinary infringement customarily triggered notions fair use emphasis original ibid see also nimmer copyright use work foregoing contexts either necessarily usually involves use derivative work williams wilkins cl aff equally divided involved photocopying scientific journal articles claims stressed libraries performing copying devoted solely advancement dissemination medical knowledge ct medical science seriously hurt library photocopying stopped issue library copying covered act section congress regarded authoriz ing certain photocopying practices may qualify fair use senate report house report permits making copies private study scholarship research words lord mansfield must take care guard two extremes equally prejudicial one men ability employed time service community may deprived merits reward ingenuity labour world may deprived improvements progress arts retarded sayre moore set forth cary longman east eng see register supplementary report point brought home repeatedly register copyrights mentioning multitude technological developments since passage act including remarkable developments use video tape register supplementary report register cautioned realize clearly revolution communications brought serious challenge author copyright challenge comes commercial interests wish use author works private gain equally serious attack come people sincere interest public welfare fully recognize real heart civilization owes existence author ironically seeking make author works widely available freeing copyright restrictions fail realize whittling away thing nurtures authorship first place accommodation among conflicting demands must worked true enough denying fundamental constitutional directive encourage cultural progress securing author exclusive rights limited time xv see house hearings testimony barbara ringer register copyrights vtr owner taped favorite movie repeated viewing less likely rent buy tape containing movie watch televised rerun pay see movie theater although may replace theater rerun viewing purchase prerecorded tapes discs may well replace rental usage vtr user recorded movie later viewing need rent copy wants see may avoid commercials may use pause control record without users may commercials playback studios introduced expert testimony librarying tend decrease revenue copyrighted works see district findings also show substantial avoidance commercials sides submitted surveys showing average betamax user owns tapes studios survey showed least users tapes library sony survey showed users planned view tapes sides surveys showed commercials avoided least time concern impact use upon potential markets found cases decided lent congress imprimatur judicially created doctrine fair use see iowa state university research foundation american broadcasting effect use copyright holder potential market work meeropol nizer key issue fair use cases whether defendant work tends diminish prejudice potential sale plaintiff work cert denied williams wilkins ct effect use copyright owner potential market value work encyclopaedia britannica educational crooks supp wdny concern must focused copyrighted work potential market perfectly possible plaintiffs profits greater kind videotaping question emphasis original intent manifested provisions act exempt liability persons participating directly infringing activity otherwise charged contributory infringement see library liable unsupervised use reproducing equipment located premises provided certain warnings posted governmental body nonprofit agricultural horticultural organization liable infringing performance concessionaire course annual agricultural horticultural fair exhibition screen gems gershwin relied held liability imposed shipper unauthorized bootleg records radio station broadcast advertisements records provided knew known records infringing concluded records low price manner records marketed support finding constructive knowledge even actual knowledge shown see famous music bay state harness horse racing breeding dreamland ball room shapiro bernstein witmark sons tremont social athletic club supp mass see also twentieth century music aiken buck realty nimmer copyright courts premised liability cases notion defendant ability supervise control infringing activities see shapiro bernstein green keca music dingus mcgee supp wd mo notion however extent fictional defendant escape liability instructing performers play copyrighted music even inserting provision effect performers contract famous music bay state harness horse racing breeding keca music dingus mcgee shapiro bernstein veltin supp wd la congress expressly rejected proposal exempt proprietors type liability act see senate report house report house hearings testimony barbara ringer register copyrights colloquy pattison barbara ringer attempt distinguish cases ground control ante obviously unpersuasive direct infringer ordinarily employed person held liable instead independent contractor neither always agent person held liable screen gems makes apparent conclusion respecting contributory infringement include retailer defendants district found one retailer defendants assisted advertising campaign betamax made findings respecting knowledge betamax intended uses agree appeals least record retailers sufficiently engaged enterprise held accountable contrast advertising agency employed promote betamax far actively engaged advertising campaign petitioners argued agency liability differs way sony corporation sony corporation america staple article commerce doctrine protects manufacture products incorporated used patented inventions example paper ink used patented printing machines henry dick dry ice used patented refrigeration systems carbice american patents patent holder right control use patented item well manufacture see motion picture patents universal film mfg protection manufacturer incorporated product necessary prevent patent holders extending monopolies suppressing competition unpatented components supplies suitable use patented item see dawson chemical rohm haas doctrine contributory patent infringement subject attention courts congress see codified since stat never mentioned copyright law revision process relevance contributory copyright infringement although vtr also may used watch prerecorded video cassettes make home motion pictures uses require tuner betamax contains see supra studios object sony sale vtr without tuners brief respondents considering noninfringing uses betamax therefore uses remain possible without betamax tuner taken account noninfringing uses include example recording works protected copyright recording works entered public domain recording permission copyright owner course recording qualifies fair use see bruzzone miller brewing uspq nd cal use home vtr market research studies sony asserts much television broadcasting available home recording copyright owner studios brought infringement action much televised material ineligible copyright protection videotapes broadcasts kept first assertions irrelevant sony liability turn fact two copyright owners thus far brought suit amount infringing use must determined consideration television market whole sony second assertion based faulty premise copyright office permits audiovisual works transmitted television registered deposit sample frames plus description work see cfr ii moreover although infringement action brought unless work registered ed registration condition copyright protection copying unregistered work still may infringement cf liability criminal copyright infringement conditioned prior registration even concern remedy appropriate liability stage use district findings somewhat cavalier relies heavily testimony representatives professional sports leagues effect objection vtr recording never however whether sports leagues copyright holders whether exclusive copyrights sports broadcasts therefore unclear whether sports leagues authority consent copying broadcasts events assuming various sports leagues exclusive copyrights broadcasts amount authorized still overwhelming sony survey indicated betamax use record sports events kinds tr defendants exh ot table sony witnesses represent forms sports events moreover figure provides tenuous basis engage factfinding witness trial clearly exclusive copyright owner expressed objection unauthorized owner copyright mister rogers neighborhood cites evidence record effect anyone makes vtr copies program simple fact district made findings amount authorized takes place seems recognize gap reasoning phrases argument hypothetical millions owners vtr make copies televised sports events religious broadcasts educational programs mister rogers neighborhood proprietors programs welcome practice sale vtr stifled order protect respondents copyrights ante emphasis supplied given seems recognize argument depends findings made seems remand inescapable explained uses copying old newspaper clipping friend fair use de minimis effect copyright holder scale copying involved case course entirely different magnitude precluding application exception home recording copyrighted works hearing courts civil liberties administration justice house committee judiciary pt memorandum laurence tribe see survey betamax owners tr defendants exh table cited brief respondents one oblique acknowledgment third factor ante seems suggest fact involves copying complete works significant viewers already asked watch initial broadcast free suggestion misses point noted book borrowed public library may copied freely one purchased invitation view showing completely different invitation copy copyrighted work implicitly recognized market significant central concern underlying entire opinion large audience like much able view programs times broadcast ante simply misses implication concerns nations imposed royalties manufacturers products used infringe copyright see copyright laws treaties world english translation reprinting federal act copyright works literature art related rights austria act dealing copyright related rights federal republic germany art study produced commission european communities recommended requirements serve pattern european community dietz copyright law european community royalty systems ordinarily depend existence authors collecting societies see collecting societies familiar part copyright law see generally broadcast music columbia broadcasting system fashioning relief sort course might require bringing copyright owners certification class otherwise