These are all productive uses. Id. For that reason, in contributory infringement cases arising under the patent laws, the Court has always recognized the critical importance of not allowing the patentee to extend his monopoly beyond the limits of his specific grant. Thus, "[t]he supposition that there is no tort involved in a scholar copying a copyrighted text by hand does not much advance the question of machine copying.". Although copying to promote a scholarly endeavor certainly has a stronger claim to fair use than copying to avoid interrupting a poker game, the question is not simply two-dimensional. . On the question of potential future harm from time-shifting, the District Court offered a more detailed analysis of the evidence. Nor is it necessary that the defendant be aware that the infringing activity violates the copyright laws.

§ 102(a) (1982 ed.). No. (c) The record and the District Court's findings show (1) that there is a significant likelihood that substantial numbers of copyright holders who license their works for broadcast on free television would not object to having their broadcast time-shifted by private viewers (i.e., recorded at a time when the VTR owner cannot view the broadcast so that it can be watched at a later time); and (2) that there is no likelihood that time-shifting would cause nonminimal harm to the potential market for, or the value of, respondents' copyrighted works. Co., 243 U. S. 502, 243 U. S. 509-510 (1917); 35 U.S.C. The Court of Appeals concluded that Sony should be held liable for contributory infringement, reasoning that "[v]ideotape recorders are manufactured, advertised, and sold for the primary purpose of reproducing television programming," and "[v]irtually all television programming is copyrighted material." [Footnote 18] This case, however, plainly does not fall, in that category. Sony certainly does not "intentionally induc[e]" its customers to make infringing uses of respondents' copyrights, nor does it supply its products to identified individuals known by it to be engaging in continuing infringement of respondents' copyrights, see id. 464 U. S. 428-434. . Yet a finding of contributory infringement would inevitably frustrate the interests of broadcasters in reaching the portion of their audience that is available only through time-shifting. Sony also manufactures VTRS without built-in tuners; these are capable of playing back prerecorded tapes and recording home movies on videotape, but cannot record off the air. The issue of an appropriate remedy is not before the Court at this time, but it seems likely that a broad injunction is not the remedy that would be ordered. Several capabilities of the machine are noteworthy. [Footnote 11] Indeed, it was the invention of a new form of copying equipment -- the printing press -- that gave rise to the original need for copyright protection. The remedies for infringement "are only those prescribed by Congress."

See also Defendants' Exh. The closest analogy is provided by the patent law cases to which it is appropriate to refer because of the historic kinship between patent law and copyright law. Petitioners manufacture and sell home videotape recorders. In this regard, we reject respondents' attempt to cast this action as comparable to a class action because of the positions taken by amici with copyright interests and their attempt to treat the statements made by amici as evidence in this case. Courts should move with caution, however, in depriving authors of protection from unproductive "ordinary" uses. If a device is sold for a legitimate purpose and has a substantial non-infringing use, its manufacturer will not be liable under copyright law for potential infringement by its users.

Sensing that some members of the Court might be persuaded to change their votes, Stevens wrote a dissent that read like a majority opinion, and could be changed to one with the substitution of a few words. 83.2% reported their frequency of movie going was unaffected by Betamax.". . We note the parties' statements that the questions of Sony's liability under the "doctrines" of "direct infringement" and "vicarious liability" are not nominally before this Court. The direct infringer ordinarily is not employed by the person held liable; instead, he is an independent contractor. Home Recording of Copyrighted Works: Hearing before the Subcommittee on Courts, Civil Liberties, and the Administration of Justice of the House Committee on the Judiciary, 97th Cong., 2d Sess., pt. in original works of authorship fixed in any tangible medium of expression."

No particular weight, however, was assigned to any of these, and the list was not intended to be exclusive. Section 106 of the 1976 Act grants the copyright owner the exclusive right to control the performance and the reproduction of his work, and the fact that he has licensed a single television performance is really irrelevant to the existence of his right to control its reproduction. . ; our judgment will simply encourage it to do so, thus placing responsibility where it can and should be effectively exercised.".
74, 487 F.2d 1345 (1973), aff'd by an equally divided Court, 420 U. S. 376 (1975). Like "sing[ing], a copyrighted lyric in the shower," Twentieth Century Music Corp. v. Aiken, 422 U. S. 151, 422 U. S. 155 (1975), watching television at home with one's family and friends is now considered a performance. It is only with the aid of the Betamax or some other VTR, that it is possible today for home television viewers to infringe copyright by recording off-the-air. 14 for the Senate Committee on the Judiciary, Copyright Law Revision, Studies Prepared for the Subcommittee on Patents, Trademarks, and Copyrights, 86th Cong., 2d Sess., 1 (1960) (Latman Fair Use Study). JUSTICE BLACKMUN, with whom JUSTICE MARSHALL, JUSTICE POWELL, and JUSTICE REHNQUIST join, dissenting. You can make healthy decisions.' denied, 434 U.S. 1013 (1978). The four retailers are Carter Hawley Hales Stores, Inc., Associated Dry Goods Corp., Federated Department Stores, Inc., and Henry's Camera Corp. The papers of Justice Thurgood Marshall, released nearly a decade later, reveal that a majority of justices were initially inclined to affirm the Ninth Circuit. From the Studios' perspective, the consequences of home VTR recording are the same as if a business had taped the Studios' works off the air, duplicated the tapes, and sold or rented them to members of the public for home viewing. When Griffiths bought his Betamax, he intended not only to time-shift (record, play-back and then erase) but also to build a library of cassettes.

The only contact between Sony and the users of the Betamax that is disclosed by this record occurred at the moment of sale. The first is "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes." It may be rare for large numbers of copyright owners to authorize duplication of their works without demanding a fee from the copier. A VTR owner who has taped a favorite movie for repeated viewing will be less likely to rent or buy a tape containing the same movie, watch a televised rerun, or pay to see the movie at a theater. The exact percentage is not specified, but it is well below 10%. The fair use doctrine must strike a balance between the dual risks created by the copyright system: on the one hand, that depriving authors of their monopoly will reduce their incentive to create, and, on the other, that granting authors a complete monopoly will reduce the creative ability of others. These persons are willing to pay for the privilege of watching copyrighted work at their convenience, as is evidenced by the fact that they are willing to pay for VTR's and tapes; undoubtedly, most also would be willing to pay some kind of royalty to copyright holders. Indeed, it need merely be capable of substantial noninfringing uses. Access has been limited not simply by inconvenience, but by the basic need to work. When Congress amended the statute in 1976, it indicated that it "intended to restate the present judicial doctrine of fair use, not to change, narrow, or enlarge it in any way."

Id. A finding of fair use still must depend on the facts of the individual case, and on whether, under the circumstances, it is reasonable to expect the user to bargain with the copyright owner for use of the work. In an analogous case decided just two Terms ago, this Court approved a lower court's conclusion that liability for contributory trademark infringement could be imposed on a manufacturer who "suggested, even by implication" that a retailer use the manufacturer's goods to infringe the trademark of another.

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