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Fordham Urban Law Journal 

Volume 15, Issue 2 1986 Article 5

The Home Audio Recording Act: An

Inappropriate Respose to the Home Taping

Question

Teresa E. Sulyok ∗

∗

Copyright c1986 by the authors. Fordham Urban Law Journal  is produced by The Berkeley

Electronic Press (bepress). http://ir.lawnet.fordham.edu/ulj

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The Home Audio Recording Act: An

Inappropriate Respose to the Home Taping

Question

Teresa E. Sulyok 

Abstract

This Note examines the controversy over consumers’ home audio taping activities and findsthe legislation under consideration by Congress an inappropriate remedy. Initially, this Note re-

views the proposed legislation introduced in Congress addressing the issue of home audio tap-

ing. The Note then surveys the rationale behind the Sony decision, which determined that video

recorder manufacturers were not liable as contributory infringers, and advocates that audio recorder

manufacturers receive similar treatment. Next, this Note analyzes whether home audio recording

may constitute fair use under the federal copyright law. This Note concludes that even if certain

forms of home audio recording are infringing uses under the Sony rationale, Congress should

reject the proposed legislation. In its present form it is overbroad, because it unduly penalizes

consumers whose taping activities may qualify as fair use, or who use audio recording equipment

in ways that do not infringe on copyright owners’ interests.

KEYWORDS:Copyright, music, recording, Sony, home taping, Home Audio Recording Act

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