How Mister Rogers Saved the VCR

Focus Features
Focus Features

In 1984, a landmark case laid down a controversial law regarding technology and copyright infringement. Here's a look back at the "Betamax Case," including the role Fred Rogers played in the Supreme Court's decision.

For many years in the pre-DVD/Blu-ray, pre-streaming era, the BetamaxSony’s prototype videotape player-recorder—was a punch line. A piece of technology that was quickly superseded by VHS and the VCR, it limped along in the shadows for two decades. And yet, it was the Betamax that gave its name to a court case that has played a pivotal role in both technological progress and copyright law over the last 30-plus years.

Like many other cool electronic products, the Betamax came from Japan. In late 1975, it was introduced to the U.S. by Sony, who touted its ability to “time-shift” television programming. In an era when most viewers still had to get up off the couch to change channels manually, this innovation was as futuristic as it sounded. Record a TV show right off the air? Are you kidding?

If the public was wowed by the idea, the major entertainment corporations were not. Universal Studios and Walt Disney Productions filed a lawsuit in 1976 to halt the sale of the Betamax, claiming that film and TV producers would lose millions of dollars from unauthorized duplication and distribution of their copyrighted content.

When the case finally went to trial in 1979, the U. S. District Court ruled in favor of Sony, stating that taping programs for entertainment or time-shifting was fair use, and did not infringe on copyright. Further, there was no proof that the practice did any economic harm to the television or motion picture industry.

But Universal, unhappy with the verdict, appealed in 1981, and the ruling was reversed. Keep in mind that up until the arrival of the Betamax, movie studios had received a cut of the box office or fee whenever one of their films was shown. Now suddenly here was a rapidly expanding scenario that undermined that structure. And in this scenario was the seed of much that would follow over the next 34 years, right through today’s ongoing battles over illegal streaming sites.

MISTER ROGERS GOES TO WASHINGTON

With large sums of money and copyright ownership at stake, the Betamax case arrived at the Supreme Court in 1983. By this point, nearly 50 percent of all homes in America had a VCR (VHS replaced Betamax, mainly because its tapes had longer recording capability) and sales of videocassettes were competing with theatrical box office. Universal Studios vs. Sony Corporation of America, nicknamed the “Betamax Case,” was argued for a year. It was a trial of extremes. On one hand, you had Jack Valenti, the head of the Motion Picture Association of America, yelling about the “savagery and ravages” of the VCR, and claiming that "the VCR is to the American film producer and the American public as the Boston strangler is to the woman home alone." On the other, you had the testimony from Fred Rogers. Defending the VCR, he said:

"I have always felt that with the advent of all of this new technology that allows people to tape the 'Neighborhood' off-the-air ... they then become much more active in the programming of their family’s television life. Very frankly, I am opposed to people being programmed by others. My whole approach in broadcasting has always been ‘You are an important person just the way you are. You can make healthy decisions’ ... I just feel that anything that allows a person to be more active in the control of his or her life, in a healthy way, is important."

The Supreme Court ruled in favor of Sony and cited Rogers's comments: "He testified that he had absolutely no objection to home taping for noncommercial use and expressed the opinion that it is a real service to families to be able to record children's programs and to show them at appropriate times."

The decision set two major precedents. The first upheld the original decision—that recording a broadcast program for later viewing is fair use. The second was, and still is, controversial—that the manufacturer of a device or technology that can be used for copyright infringement but also has “substantial non-infringing uses” can’t be held liable for copyright violations by those who use it. It’s kind of technology’s version of “don’t shoot the messenger.”

The same points of law would reemerge two decades later in cases against file-sharing sites Napster and Grokster (in the latter, the Supreme Court ruled unanimously against them for trading copyrighted material). Of course, despite the popularity of legal movie and TV streaming sites like Netflix and Hulu, file sharing continues. Whether it can be, or should be, stopped is a subject for another day. But it’s worth remembering that all the manufacturers of technology capable of copyright infringing (from computers to iPhones to DVRs) continue to sell their wares without fear of lawsuits because of the once-laughed-at Betamax.

To discover more about the fascinating life of Fred Rogers, check out Won't You Be My Neighbor?, the new documentary from Focus Features, which arrives in theaters on June 8, 2018.

Watch Kit Harington Gag After Having to Kiss Emilia Clarke on Game of Thrones

HBO
HBO

The romance between Jon Snow and Daenerys Targaryen might be heating up on Game of Thrones (though that could change once Jon shares the truth about his parentage), but offscreen, Kit Harington and Emilia Clarke's relationship is decidedly platonic. The two actors have gotten to be close friends over the past near-10 years of working together, which makes their love scenes rather awkward, according to Harington.

A new video from HBO offers a behind-the-scene peek at "Winterfell," the first episode of Game of Thrones's final season. At about the 12:20 mark, there's a segment on Jon and Dany's date with the dragons and what it took to create that scene. Included within that is footage of the two actors kissing against a green screen background, which would later be turned into a stunning waterfall. But when the scene cuts, Harington can be seen faking a gag at having to kiss the Mother of Dragons.

“Emilia and I had been best friends over a seven-year period and by the time we had to kiss it seemed really odd,” Harington told The Mirror, then went on to explain that Clarke's close relationship with Harington's wife, Rose Leslie, makes the intimate scenes even more bizarre. "Emilia, Rose, and I are good friends, so even though you’re actors and it’s your job, there’s an element of weirdness when the three of us are having dinner and we had a kissing scene that day."

As strange as it may be, Harington finally came around and admitted that, "I love Emilia and I’ve loved working with her. And it’s not hard to kiss her, is it?"

[h/t Wiki of Thrones]

11 Surprising Facts About Prince

BERTRAND GUAY/AFP/Getty Images
BERTRAND GUAY/AFP/Getty Images

It was three years ago today that legendary, genre-bending rocker Prince died at the age of 57. In addition to being a musical pioneer, the Minneapolis native dabbled in filmmaking, most successfully with 1984’s Purple Rain. While most people know about the singer’s infamous name change, here are 10 things you might not have known about the artist formerly known as The Artist Formerly Known as Prince.

1. His real name was Prince.

Born to two musical parents on June 7, 1958, Prince Rogers Nelson was named after his father's jazz combo.

2. He was a Jehovah's Witness.

Baptized in 2001, Prince was a devout Jehovah's Witness; he even went door-to-door. In October 2003, a woman in Eden Prairie, Minnesota opened her door to discover the famously shy artist and his bassist, former Sly and the Family Stone member Larry Graham, standing in front of her home. "My first thought is ‘Cool, cool, cool. He wants to use my house for a set. I’m glad! Demolish the whole thing! Start over!,'" the woman told The Star Tribune. "Then they start in on this Jehovah’s Witnesses stuff. I said, ‘You know what? You’ve walked into a Jewish household, and this is not something I’m interested in.’ He says, 'Can I just finish?' Then the other guy, Larry Graham, gets out his little Bible and starts reading scriptures about being Jewish and the land of Israel."

3. He wrote a lot of songs for other artists.

In addition to penning several hundred songs for himself, Prince also composed music for other artists, including "Manic Monday" for the Bangles, "I Feel For You" for Chaka Khan, and "Nothing Compares 2 U" for Sinéad O'Connor.

4. His symbol actually had a name.


Amazon

Even though the whole world referred to him as either "The Artist" or "The Artist Formerly Known as Prince," that weird symbol Prince used was actually known as "Love Symbol #2." It was copyrighted in 1997, but when Prince's contract with Warner Bros. expired at midnight on December 31, 1999, he announced that he was reclaiming his given name.

5. In 2017, Pantone gave him his own color.

A little over a year after Prince's death, global color authority Pantone created a royal shade of purple in honor of him, in conjunction with the late singer's estate. Appropriately, it is known as Love Symbol #2. The color was inspired by a Yamaha piano the musician was planning to take on tour with him. “The color purple was synonymous with who Prince was and will always be," Troy Carter, an advisor to Prince's estate, said. "This is an incredible way for his legacy to live on forever."

6. His sister sued him.

In 1987, Prince's half-sister, Lorna Nelson, sued him, claiming that she had written the lyrics to "U Got the Look," a song from "Sign '☮' the Times" that features pop artist Sheena Easton. In 1989, the court sided with Prince.

7. He ticked off a vice president's wife.

In 1984, after purchasing the Purple Rain soundtrack for her then-11-year-old daughter, Tipper Gore—ex-wife of former vice president Al Gore—became enraged over the explicit lyrics of "Darling Nikki," a song that references masturbation and other graphic sex acts. Gore felt that there should be some sort of warning on the label and in 1985 formed the Parents Music Resource Center, which pressured the recording industry to adopt a ratings system similar to the one employed in Hollywood. To Prince's credit, he didn't oppose the label system and became one of the first artists to release a "clean" version of explicit albums.

8. Prince took a promotional tip from Willy Wonka.

In 2006, Universal hid 14 purple tickets—seven in the U.S. and seven internationally—inside Prince's album, 3121. Fans who found a purple ticket were invited to attend a private performance at Prince's Los Angeles home.

9. He simultaneously held the number one spots for film, single, and album.

During the week of July 27, 1984, Prince's film Purple Rain hit number one at the box office. That same week, the film's soundtrack was the best-selling album and "When Doves Cry" was holding the top spot for singles.

10. He screwed up on SNL.

During Prince's first appearance on Saturday Night Live, he performed the song "Partyup" and sang the lyric, "Fightin' war is a such a f*ing bore." It went unnoticed at the time, but in the closing segment, Charles Rocket clearly said, "I'd like to know who the f* did it." This was the only episode of SNL where the f-bomb was dropped twice.

11. He scrapped an album released after having "a spiritual epiphany."

In 1987, Prince was due to release "The Black Album." However, just days before it was scheduled to drop, Prince scrapped the whole thing, calling it "dark and immortal." The musician claimed to have reached this decision following "a spiritual epiphany." Some reports say that it was actually an early experience with drug ecstasy, while others suggested The Artist just knew it would flop.

This story has been updated for 2019.

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