The New Yorker, April 6, 1987 P. 45
ANNALS OF LAW about whether home video recording from television is an infringement of copyright law. In Sept., 1976 Sidney Sheinberg, the pres. of Universal Pictures & its parent company M.C.A., learned about Sony's Betamax, which was used to videotape television programs. He thought it was a violation of copyright law. Universal sued Sony. Sony defended the right of the consumer to record programs for his own use, in his own home. In addition, the Betamax could be used for making home movies, or for recording programs that weren't protected by copyright. The plaintiffs were amassing evidence to show that the great majority of Betamax owners were recording programs whose copyright holders would and did object strenuously. The trial of Universal v. Sony got under way on Jan. 30, 1979. Tells about the trial. The decision came down in October: "Home-use recording from free television is not a copyright infringement." Writer gives history of the law of copyright. The case was appealed. On Oct. 19, 1981, a decision was handed down by the U.S. Court of Appeals. The 3-judge panel sided with the plaintiffs on virtually all counts. Home video recording was an infringement & Sony was responsible for it. By 1981 the field of home recording had enlarged tremendously & the VHS system was far more popular than Sony's. The court decision was denounced widely as an intrusion by the federal courts into the private homes of 3 million Americans.