What is the “Fair Use” exception?
An article in Newsweek (January 30, 1984 p57-8) explains it: Justice Paul Stevens wrote that home taping falls within the traditional “Fair Use” Exception of copyright restrictions. Studies, he said, demonstrated that most taping was done for “Time-Shifting” recording a program for viewing at a more convenient time. Such taping, he argued, has “no demonstrable effect upon the value of copyrighted work.” However, he drew the line at selling home made tapes. “If the Betamax were used to make copies for a commercial or p[profit making purpose,” declared Stevens, “Such use would be presumptively unfair”. This states that time-shifting is “Fair Use” only if the tapes are for personal use and not to make a profit.
An article in Newsweek (January 30, 1984 p57-8) explains it: Justice Paul Stevens wrote that home taping falls within the traditional “Fair Use” Exception of copyright restrictions. Studies, he said, demonstrated that most taping was done for “Time-Shifting” recording a program for viewing at a more convenient time. Such taping, he argued, has “no demonstrable effect upon the value of copyrighted work.” However, he drew the line at selling home made tapes. “If the Betamax were used to make copies for a commercial or profit making purpose,” declared Stevens, “Such use would be presumptively unfair”. This states that time-shifting is “Fair Use” only if the tapes are for personal use and not to make a profit.
