The text of "Fair Use as Market Failure" has three times been reprinted in full: in 1 Intellectual Property and Business (Stephen E. Margolis & Craig M. Newmark, eds., Edward Elgar Publishing: Business Economics Series. 2010); in 1 The Economics of Intellectual Property 377-434 (Ruth Towse & Rudi W. Holzhauer, eds. Edward Elgar Publishing, 2002); and at 30 Journal of the Copyright Society 253-326 (1983)

Gordon, Wendy J.

Columbia Law Review

English

Boston University Institutional Repository (OpenBU)

Fair use as market failure: a structural and economic analysis of the Betamax case and its predecessors

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\u27s 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\u27s basic purposes

bepress Legal Repository

Draft of Fair Use as Market Failure: A Structural and Economic Analysis of the Betamax Case and its Predecessors - 1982

Scholarly Commons at Boston University School of Law

Fair Use as Market Failure: A Structural and Economic Analysis of the \u3ci\u3eBetamax\u3c/i\u3e Case and its Predecessors

Boston University School of LawScholarly Commons at Boston University School of LawFaculty Scholarship1982Fair Use as Market Failure: A Structural andEconomic Analysis of the BetamaxCase and itsPredecessorsWendy J. GordonFollow this and additional works at: https://scholarship.law.bu.edu/faculty_scholarshipPart of the Intellectual Property Law Commons                                                                                                                  

https://open.bu.edu/bitstream/2144/22971/1/82ColumLRev1600_web.pdf

Fair use as market failure: a structural and economic analysis of the Betamax case and its predecessors

Abstract

Similar works

Full text

Available Versions

Boston University Institutional Repository (OpenBU)

bepress Legal Repository

Scholarly Commons at Boston University School of Law

bepress Legal Repository

Scholarly Commons at Boston University School of Law