AMICUS CURIAE BRIEF IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

TABLE OF CONTENTS

Table of Authorities

I. The Consumer Electronics Group Represents

Substantially All of the Companies Offering

Video Tape Recorders for Sale in the United

States

II. The Video Tape Recorder has Many Uses..

A. Time Shifting.

B. Home Movies

C. Prerecorded Tapes

D. Other Uses

III. The Court of Appeals' Decision Finding the Sale

and Home Use of VTRS Illegal has a Far Reach-

ing Effect on Industry

IV. This Court Should Resolve the Issue of Whether

a So-Called Intrinsic Use Precludes a Finding of

Fair Use

A. The Traditional Fair Use Doctrine

B. The Court of Appeals' Intrinsic Use Rule......

V. This Court Should Resolve the Issue of Whether

the Copyright Holder is Entitled to an Irrebut-

table Presumption of Injury .....

VI. This Court Should Resolve the Issues Created

by the Court of Appeals' Test for Contributory

Infringement

VII. The Remedies Suggested by the Court of Appeals

are Inequitable, Improper and Would Impair or

Eliminate an Entire Industry

VIII. Conclusion

Cases

ii

TABLE OF AUTHORITIES

Iowa State University Research Foundation, Inc.
v. American Broadcasting Co., 621 F.2d 57 (2d
Cir. 1980)

MCA, Inc. v. Earl Wilson, 1981 COPYRIGHT DE-
CISIONS¶25,287 (CCH) (2d Cir.) ...................
Twentieth Century Music Corp. v. Aiken, 422 U.S.
151 (1975)

Page

6

7

6, 7

..passim

Universal City Studios, Inc. v. Sony Corp. of
America, 480 F.Supp. 427 (C.D.Cal. 1979),
rev'd, 659 F.2d 963 (9th Cir. 1981)
Williams & Wilkins Co. v. United States, 487 F.2d
1345 (Ct.Cl. 1973) aff'd by an equally divided
court, 420 U.S. 376 (1975)

Legislative Materials

H.R. Rep. No. 94-1476, 94th Cong., 2d Sess. 66
reprinted in [1976] U.S. CODE CONG. & AD.
NEWS, 5680

Other Authorities

ADVERTISING AGE, June 2, 1980

Bulkeley, Inventor Kloss Trying for the Fourth
Time to Turn His Ideas Into a Healthy Business,
Wall St. J., March 16, 1982 at 31 col. 4 ..........................
Consumer Electronics Daily, March 15, 1982.
Federal Communications Commission-Network

Inquiry Special Staff, Appendix by D. Agostino
"Home Video: A Report on the Status, Pro-
jected Development and Consumer Use of Video-
cassette Recorders and Videodisc Players"
(1980)

THE HOME VIDEO & CABLE REPORT, March 8,
1982

7,9

8

5

4

3

.5, 12, 13

5

THE HOME VIDEO REPORT, March 30, 1981
Hughey, Sales of Home-Movie Equipment Falling
as Firms Abandon Market, Video Grows, Wall
St. J., March 17, 1982

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