Word: blackmun
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...three members of the Court joined Justice Black man in supposing just nearly that. Tracing copyright law back to a constitutional desire to "Promote the Progress of Science and useful Arts, by securing for limited time to Authors and Inventors the exclusive right of their respective Writings," Blackmun then concludes that "at least when the proposed use is an unproductive one, a copyright owner need only prove a potential for harm to the market for or the value of the copyrighted work...
...Blackmun and the three other judges pass roughly over their notions of "unproductive use" and potential harm "to the market for or the value of the copyrighted work." At the very least, the reproduction used by teachers and scholars may be useful for showing examples of television shows in a television criticism class for scholarship, teaching or research as defined by the copyright act itself. Whatever the original fears of Disney and Universal over the uses of Betamax, the remaining 90 percent or more of the industry has yet to express any legal challenge...
Just what market harm is at stake? Blackmun suggests that writers and producers may lose some of their constitutionally-sanctioned incentive to create if VCR use goes unfettered. But the concerns over reproduction of the tapes center largely around fears of top producers--how many people outside of lowa would bother to tape the morning farm report on the local news? Given the multimillion that many of these top producers make, it can hardly be that Larry Hagman of al. will ditch Dallas because some people might pass over the commercials or skip the rerun syndication because the tapes...
...eccentrics. We're nine prima donnas." The New York Yankees? No, according to Justice Harry Blackmun, 75, the members of the U.S. Supreme Court. Blackmun made that and a number of other engagingly informal observations about his colleagues last week during a three-day visit to Dartmouth College. "One of us we call 'the warden's friend' because he always votes against the poor prisoner who wants to get out," he told an audience of students, faculty and the public. Another is " 'the pornographer's friend' because he's a First Amendment...
...remember how nervous I was, but for the life of me. I really have forgotten what the case was all about," he said. Blackmun said he receives about 40 invitations to sit on moot courts each year, but is too busy to accept many of them...