Bifalgorithm post · Property · 13.05[E][4][c], p. 13-84 (1982). Proof of actual harm, or
Even Probable
Even Probable (Property · 13.05[E][4][c], p. 13-84 (1982). Proof of actual harm, or) — "even probable harm, may be impossible in an area where the effect of a…
Ideas in this flowchart
- Copyright infringement may be established through a reasonable possibility of harm from the proposed use.
- Proof of probable harm may be impossible when the effects of a new technology are speculative.
- Requiring such proof could confine copyright rights to present technology and reduce their future value.
- The copyright owner therefore must demonstrate a reasonable possibility that harm will result.
- When a use creates no benefit for the public at large, protection should not be denied merely because the potential harm has not yet occurred.
- The Studios identified several ways in which VTR recording could damage their copyrights.
- VTR recording could reduce the Studios’ ability to market works in movie theaters.
- VTR recording could reduce the rental or sale of prerecorded videotapes or videodiscs.
- VTR recording could reduce the rerun audience and the license fees available for repeated showings.
