Timeshift: technologies of reproduction and intellectual property

In recent years two factors have significantly affected the underlying conditions for the public circulation of ideas and information. On the one hand, the development of technologies for the electronic reproduction and dissemination of information has in principle made information limitlessly available; on the other hand, the process of legal regulation has, in all Western countries, constructed or affirmed property rights restricting and channelling the use of information. This paper analyses one of the most important recent American cases in intellectual property law, the 1984 Supreme Court majority and minority decisions in Sony vs Universal City Studio. It argues that, in allowing home video recording if off-air programmes and extending or at least upholding the doctrine of fair use, the Court's decision nevertheless fails to challenge the philosophical contradictions in intellectual property doctrine which have allowed the progressive encroachment of private property rights on the public domain.