Below is a timeline for all of the notable events pertaining to the legal cases and legislation related to home video. It should be noted that this website uses the term, “Home Video,” in two different ways. Firstly, it uses it as an umbrella term for the viewing of movies in the home, physical or otherwise. Secondly, its also the label given to the era in time where movies are being released on physical video formats.
July 17th, 1948 (Billboard, 1948/07/24, p. 18)
Mel Blanc Sues Castle Films
Mel Blanc sues Castle Films among others for $260,000 for distributing a cartoon and song with his signature Woody Woodpecker laugh without authorization.
November 11th, 1976 (Variety, 1976/11/17, p. 1)
Universal and Disney Sue Sony For Encouraging Infringement
MCA-owned Universal, teaming up with Disney, files a lawsuit against Sony in California court. The plaintiffs claim that Sony is deceptively advertising the legitimacy of recording broadcast television with their Betamax VCR.
October 2nd, 1979 (Screen International, 1979/10/13, p. 6)
Sony Is Cleared of Violating Universal’s Copyright In California Court
Sony is cleared of violating the Lanham Act, or in this case, the encouragement of infringement in their Betamax marketing campaign. The judge believes that television recordings for the purpose of time-shifting is fair use. Universal appeals the decision.
October 19th, 1981 (Variety, 1981/10/21, p. 1)
The Ninth Circuit Court of Appeals Reverses Sony’s Victory
The three judge opinion finds that the recording of television programs for off-air watching is, in fact, copyright infringement. But because there were already so many VCRs among the public, the court felt that having a royalty paid to the studios from the manufacturers might be the only solution.
March 12th, 1982 (Variety, 1982/03/17, p. 47)
Sony Appeals the Betamax Case to the Supreme Court
As expected, Sony asks the Supreme Court to review their entanglement with Universal and Disney. According to Sony, the studios admitted they couldn’t demonstrate damages, therefore, there was no merit to their case.
April 12th, 1982
A House Hearing is Held on “Home Recording of Copyrighted Works”
The event is to discuss the “issue” with recording live broadcasts for later viewing. Its at this event that Jack Valenti, head of the MPAA, is quoted as saying, “I say to you that the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone.”
June, 1983
The DPP’s List of “Video Nasties” Is Made Public (U.K.)
The Director of Public Prosecutions’ list of films which violate the U.K.’s obscenity laws becomes public. These were mainly horror and exploitation films which contained “objectionable” sex and violence. 72 films would appear on the list. Being in possession of one could result in arrest and fines.
October 3rd, 1983 (Variety, 1983/10/05, p. 2)
The Supreme Court Rehears the Betamax Case
The Supreme Court begins rehearing the Universal Vs. Sony case, which by this point is known as, “The Betamax Case.” Much is riding on the outcome of the case, with strong lobbying on both sides.
January 17th, 1984 (Billboard, 1984/01/28, p. 1)
The Supreme Court Finds that Recordings Are Fair-Use
In a 5-4 decision, the courts find that recording television programming for the purpose of time-shifting is fair use. They also don’t find VCR manufacturers liable for the infringing use of the machine.
July 12th, 1984
The Video Recordings Act of 1984 (U.K.)
The Video Recordings Act of 1984 is introduced in the UK which requires certifications for all feature films. This resulted from the Video Nasty controversy.
November 23rd, 1984
Columbia Pictures vs. Redd Horne Inc.
Courts decided that renting out private booths for the viewing of movies constitutes as a public viewing, and therefore, violates copyright. The store in question was Maxwell’s Video Showcase in Eerie, Pennsylvania.
November, 5th, 1988
The Video Privacy Protection Act Is Passed
Passed by the U.S. Congress to prevent “wrongful disclosure of video tape rental or sale records.” The bill was inspired by the leak of Robert Bork’s video rental history during his Supreme Court nomination.
1990
Charlie Sheen Reports “Flower of Flesh and Blood” to the FBI
Film critic Chris Gore lends actor Charlie Sheen a stack of videotapes, and among them is a copy of the Japanese splatter film, Flower of Flesh and Blood (1985). Believing he was seeing an actual snuff film, he reports it to the FBI. After investigating the filmmakers, they find no one was harmed in the making of the movie.
January 31st, 1995 (Statesman Journal, 1995/05/03, p. 4)
Blockbuster Video Sues Hollywood Video For Stealing Trade Secrets
Blockbuster Video sues Hollywood Video for $10 million, accusing the Portland chain of stealing trade secrets by hiring ex-Blockbuster employees. The case is also against the two employees who left Blockbuster, who the chain accuses of violating their original employment contract.
February 12th, 2001 (New York Times, 2001/02/13, p. A1)
Napster Is Found Liable For Distributing Software to Pirate Music
In a lawsuit filed by A&M Records (and all members of the RIAA) on December 6th, 1999, the courts find Napster liable for the infringing use of their peer-to-peer software. An injunction forces the company to shut down the service on July 11th, 2001. It later reemerges as a pay service, but shuts down indefinitely on September 3rd, 2002.
June 23rd, 2005 (New York Times, 2005/06/24, p. C5)
Grokster Is Found Liable For Distributing Software Used By Pirates
In 2004, MGM opened a suit against Grokster and two others for distributing software that they feel promotes the illegal downloading of copyrighted content. The resulting battle is seen by many as a re-examination of the “Betamax Case.” On June 23rd, the Supreme Court decides in favor of MGM, finding that Grokster is liable for any infringement perpetrated by the users of their software.
August 4th, 2008 (Cablefax Daily, 2008/08/05)
The Courts Find DVR Cloud Services Non-Infringing
Cablevision wins their appeal in their case with the MPAA, who in 2006, sued the company, claiming their DVR cloud service permitted infringement. In 2009, the Supreme Court declines to hear the case, upholding the appeal.
August 1st, 2011 https://www.reuters.com/article/idUS317363613120110802
Hollywood Wins Injunction Against DVD Streaming Service
In April, a group of Hollywood studios lead by Warner Brothers, sued WTV Systems, the parent company to DVD-streaming service, Zediva.com. A court injunction shuts down the service, finding that copyright holders ought to have the right to determine how their films are viewed. Zediva responded to the decision, stating, “Today’s ruling represents a setback for the hundreds of thousands of consumers looking for an alternative to Hollywood-controlled online movie services.”