Blackmun says time-shifting is not fair use even under Sony's own formulation
Harry A. BlackmunAssociate justice writing a dissent joined by three justices
Blackmun concludes that time-shifting has a substantial adverse effect on the potential market for the studios' works and cannot be deemed a fair use, even under the formulation of the doctrine that Sony advances.
“Accordingly, even under the formulation of the fair use doctrine advanced by Sony, time-shifting cannot be deemed a fair use.”
Original text
Where this statement fits
Sony v. Universal: Stevens and Blackmun split over home recording
The Supreme Court rejected contributory-infringement liability for Sony's sale of Betamax recorders. Stevens's majority treated private home time-shifting as fair use on the record presented; Blackmun's dissent disputed that analysis and its treatment of market harm.
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Original text
About this source
The majority and dissent disagree about home time-shifting, market effects and contributory liability. The decision concerns the record before the Court.
Archived copy (opens in a new tab)Before the quotation
Blackmun argues that the majority underestimates the effects of copying on potential markets for the studios' works.
After the quotation
He turns next to contributory infringement and argues that further factual consideration is needed rather than the majority's disposition.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Relative to the justification for Sony's sale and the underlying home copying, Blackmun rejects the asserted fair-use basis.
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Read the full caseStevens says Betamax's substantial noninfringing uses defeat contributory liability
“The Betamax is, therefore, capable of substantial noninfringing uses. Sony's sale of such equipment to the general public does not constitute contributory infringement of respondent's copyrights.”Read statement
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The Dispute Index. "Blackmun says time-shifting is not fair use even under Sony's own formulation". First published: 2026-10-28. Last updated: 2026-10-28. https://disputeindex.com/events/7064-blackmun-concludes-that-time-shifting-has-a-substantial