The Case for Copyright Exceptions and Fair Use

The next time you set your digital device of choice to record your favorite show so you can watch it whenever you want, take a moment to be thankful that you’re protected from lawsuits from the entertainment industry. For on January 17, 1984, the Supreme Court of the United States ruled that consumers could tape their favorite TV shows and watch them later without the copyright holder’s consent. Such action, the Court decided, didn’t constitute copyright infringement because it was fair use , that is, a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. This ruling by the Supreme Court in Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417 (1984), also known as the “ Betamax case ”, is a landmark copyright precedent that has had enormous implications for the media economy. It affected every step of the evolution of digital media—from the VCR to the digital video recorder to YouTube. It also underscores just ...