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Draft Of Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors - 1982, Wendy J. Gordon Dec 1982

Draft Of Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors - 1982, Wendy J. Gordon

Scholarship Chronologically

In the recent and much publicized Universal City Studios, Inc. v. Sony Corp. of America (Betamax) case, the Court of Appeals for the Ninth Circuit held that persons who make videotapes of copyrighted television programs in the privacy of their homes should be considered to be copyright infringers. Basic to the court's reasoning was a misunderstanding of the "fair use" doctrine. Called "the most troublesome [doctrine] in the whole law of copyright," "fair use" renders noninfringing certain uses of copyrighted material that might technically violate the statute, but which do not violate the statute's basic purposes.


Report To The Copyright Office By The American Association Of Law Libraries, James S. Heller Jul 1982

Report To The Copyright Office By The American Association Of Law Libraries, James S. Heller

Faculty Publications

No abstract provided.


Copyright Ownership Of Joint Works And Terminations Of Transfers, Harold See Jan 1982

Copyright Ownership Of Joint Works And Terminations Of Transfers, Harold See

Law Faculty Scholarship

Under the terms of section 24 of the Copyright Act of 1909, the death of Oscar Hammerstein in 1960 resulted in the "partnership" of Richard Rogers and (Mrs.) Oscar Hammerstein (and James and William Hammerstein, and Alice Hammerstein Mathias, his children-the latter two by a previous marriage), in the ownership of such works as Oklahoma, Carousel, and South Pacific. Oscar Hammerstein may have wanted it that way, but want it or not, he was powerless under the Copyright Act to change the arrangement. Numerous works are the product of the combined efforts of more than one author. Such joint authorship …


Abstract Of Gift Failure Versus Market Failure - 1982, Wendy J. Gordon Jan 1982

Abstract Of Gift Failure Versus Market Failure - 1982, Wendy J. Gordon

Scholarship Chronologically

Gifts and gift exchanges can serve a combination of economic, personal, social, and humanitarian ends. This article explores how intellectual products are unusually capable of serving these ends through gift relations, and suggests ways in which the law can assist in this process.


Notes Re Betamax - 1982, Wendy J. Gordon Jan 1982

Notes Re Betamax - 1982, Wendy J. Gordon

Scholarship Chronologically

There's a lot of misunderstanding of by BX article. Some simplifying things: There are three types of "market failure" in copyright. The first inheres in the nonexhaustibil ity of the good; barring a right to post-dissemination control against copying, goods may be underproduced because potential users will refuse to pay for access, figuring they can get access to a friend's copy later for free or at lower cost than the creator would charoe. Thus. relying only o~ the physical control which lets i creato~ charge for the "first look", will (except where the look wont' make copying possible- the trade …


The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness Jan 1982

The Right Of Publicity: A "Haystack In A Hurricane", Richard C. Ausness

Law Faculty Scholarly Articles

Over the years, entertainers, athletes and other celebrities have sought legal protection for a variety of occupationally related injuries. By virtue of being in the public eye, celebrities often complain that their private lives have somehow been invaded. This concept of invasion of privacy involves damages for mental anguish suffered by virtue of the unwarranted disturbance. However, performers may also suffer injury of an economic, rather than personal, nature. For example, an individual's performance may be used without his or her consent. People will normally pay to watch that entertainer, but where the performance is misappropriated, he is unable to …


Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon Jan 1982

Fair Use As Market Failure: A Structural And Economic Analysis Of The Betamax Case And Its Predecessors, Wendy J. Gordon

Faculty Scholarship

In the recent and much publicized Universal City Studios, Inc. v. Sony Corp. of America (Betamax) case, the Court of Appeals for the Ninth Circuit held that persons who make videotapes of copyrighted television programs in the privacy of their homes should be considered to be copyright infringers. Basic to the court's reasoning was a misunderstanding of the "fair use" doctrine. Called "the most troublesome [doctrine] in the whole law of copyright," "fair use" renders noninfringing certain uses of copyrighted material that might technically violate the statute, but which do not violate the statute's basic purposes.