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 Betamax—Sony’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 A piece of technology that was quickly superseded by VHS and the VCR, it limped along in the shadows for two decades.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.
Laura Dern and Scarlett Johansson in Marriage Story (2019).
With thousands of titles available, browsing your Netflix menu can feel like a full-time job. If you're feeling a little overwhelmed, take a look at our picks for the 11 best movies on Netflix right now.
Spider-Man may be in the middle of a Disney and Sony power struggle, but that didn't stop this ambitious animated film from winning the Oscar for Best Animated Feature at the 2019 Academy Awards. Using a variety of visual style choices, the film tracks the adventures of Miles Morales (Shameik Moore), who discovers he's not the only Spider-Man in town.
Taylor Sheridan's Oscar-nominated Hell or High Water follows two brothers (Chris Pine and Ben Foster) who take to bank robberies in an effort to save their family ranch from foreclosure; Jeff Bridges is the drawling, laconic lawman on their tail.
Eddie Murphy ended a brief sabbatical from filmmaking following a mixed reception to 2016's Mr. Church with this winning biopic about Rudy Ray Moore, a flailing comedian who finds success when he reinvents himself as Dolemite, a wisecracking pimp. When the character takes off, Moore produces a big-screen feature with a crew of inept collaborators.
Colin Farrell stars in this black comedy that feels reminiscent of screenwriter Charlie Kaufman's work: A slump-shouldered loner (Farrell) has just 45 days to find a life partner before he's turned into an animal. Can he make it work with Rachel Weisz, or is he doomed to a life on all fours? By turns absurd and provocative, The Lobster isn't a conventional date movie, but it might have more to say about relationships than a pile of Nicholas Sparks paperbacks.
Greg Kinnear stars in this drama based on a true story about inventor Robert Kearns, who revolutionized automobiles with his intermittent windshield wiper. Instead of getting rich, Kearns is ripped off by the automotive industry and engages in a years-long battle for recognition.
The camera rarely wavers from Tom Hardy in this existential thriller, which takes place entirely in Hardy's vehicle. A construction foreman trying to make sure an important job is executed well, Hardy's Ivan Locke grapples with some surprising news from a mistress and the demands of his family. It's a one-act, one-man play, with Hardy making the repeated act of conversing on his cell phone as tense and compelling as if he were driving with a bomb in the trunk.
Another De Niro and Scorsese collaboration hits the mark, as Taxi Driver is regularly cited as one of the greatest American films ever made. De Niro is a potently single-minded Travis Bickle, a cabbie in a seedy '70s New York who wants to be an avenging angel for victims of crime. The mercurial Bickle, however, is just as unhinged as those he targets.
Jon Bernthal lumbers through this thriller as a former rodeo star whose career has left him physically broken. Now managing a hotel in small-town Alaska, he stumbles onto a plot involving a murderer-for-hire (Christopher Abbott), upending his quiet existence and forcing him to take action.
James Corden, Laurie Davidson, and Francesca Hayward star in Tom Hooper's Cats (2019).
Regardless of whether you were impressed, confused, or downright frightened by the trailer for Tom Hooper’s upcoming film adaptation of Andrew Lloyd Webber’s classic musical Cats, it’s safe to say that the star-studded cast and “digital fur technology” generated strong reactions all around. And, if you didn’t grow up listening to the soundtrack or watching performers in the 1998 film version purr and prance in furry, feline bodysuits, your shock is completely understandable.
Cats is light on plot, heavy on characters, and sprinkled with words that T.S. Eliot made up for his 1939 poetry collection Old Possum’s Book of Practical Cats, the basis for the musical. To familiarize yourself with all the eccentrically named cats—and find out who’s portraying them in the film—here’s a comprehensive list of every "romantical, pedantical, critical, parasitical, allegorical, metaphorical, statistical, and mystical" cat you’ll meet.
Admetus is a ginger and white chorus cat with no spoken lines, but plenty of strong dancing sequences—perfect for former Royal Ballet soloist Eric Underwood. Though some musical productions have renamed Admetus as Plato (both names are mentioned in “The Naming of Cats”), the film will feature them as two separate characters.
Alonzo is another chorus cat, identifiable by the black patches of fur on his face and the black-and-white stripes on his head. Apart from his ensemble appearances, he has intermittent solo lines and also assists Munkustrap during the fight against Macavity. Since singer/songwriter Bluey Robinson will portray him in the film, it’s possible that Alonzo will dance less than he has in stage productions.
Asparagus, the Theatre Cat
Played by: Sir Ian McKellen
Nicknamed “Gus,” this elderly, trembling tabby has an impressive acting history, which he recounts at length during his song (along with a few disparaging comments about how the theater isn’t what it once was, and kittens these days aren’t properly trained). Who better to play one of the Jellicles’ most well-respected thespians than one of the humans' most well-respected thespians, Sir Ian McKellen?
Played by: Taylor Swift
Though Bombalurina is only mentioned by name once (in “The Naming of Cats”), she’s pretty hard to miss: the slinky, red-coated cat helps introduce Jennyanydots, the Rum Tum Tugger, Grizabella, Bustopher Jones, and Macavity. She most often sings with Demeter, her duet partner for “Macavity the Mystery Cat.”
Played by: James Corden
Known as “the Brummell of cats,” this black-and-white, epicurean dandy frequents gentlemen’s clubs, wears white spats, and weighs a whopping 25 pounds. Jones’s genial manner endears him to just about everyone—not unlike James Corden.
With her sleek brown coat and her regal, mysterious manner, Cassandra seems like she might’ve been worshipped by ancient Egyptians in a past life. You might recognize Mette Towley, a member of Pharrell’s dance group, The Baes, from her appearances in 2019’s Hustlers and Rihanna’s “Lemon” music video—and you can be sure that she’ll uphold Cassandra’s legacy as one of the most eye-catching chorus cats.
These striped twin tabby cats always move in unison and boast psychic abilities. Though the roles are sometimes cut from theatrical productions, we’ll get to see them in the film, played by hip hop dancer Jaih Betote and Zizi Strallen, best known for her work as Mary Poppins in the recent West End revival.
This multicolored, slightly skittish cat usually duets with Bombalurina, and together they perform “Macavity the Mystery Cat” in full. It’s often implied that Demeter has a complicated romantic past with Macavity, who tries to abduct her during his attack. British ballet dancer Daniela Norman will star opposite Taylor Swift’s Bombalurina in the film, and you can also see her in Netflix’s upcoming ballet drama seriesTiny Pretty Things.
Grizabella, the Glamour Cat
Played by: Jennifer Hudson
This aging starlet is now decrepit, depressed, and shamefully rejected by the rest of the Jellicles—think Sunset Boulevard’s Norma Desmond with more self-awareness and very raggedy fur. Even if the Cats original cast recording wasn’t the soundtrack for your childhood road trips, you might have heard Grizabella’s song “Memory;” it’s been covered by Barbra Streisand, Celine Dion, Barry Manilow, Glee’s Chris Colfer, and more. American Idol alum (and general ballad-belting powerhouse) Jennifer Hudson will bring her Academy Award-winning talents to the role of Grizabella in the film.
Growltiger, a rough-riding sea captain cat, and Griddlebone, his fluffy white lover, appear during “Growltiger’s Last Stand,” during which Gus reminisces about having played the part of Growltiger in a stage production long ago. The characters have been left out of some productions, including the 1998 film, but Hooper’s version will feature them, where they'll be played by British actor Ray Winstone and Australian performer Melissa Madden Gray (whose stage name, fittingly, is Meow Meow).
Played by: Freya Rowley
Named after T.S. Eliot’s own cat, Jellylorum is a maternal calico who cares for Gus and also helps introduce Jennyanydots and Bustopher Jones. Though sometimes portrayed as older and more mature than some of the other cats, Freya Rowley (who performed as Tantomile on the UK tour of Cats) will likely bring a younger energy to the character.
Jennyanydots, the Old Gumbie Cat
Played by: Rebel Wilson
Jennyanydots is a goofy old tabby cat who lazes around all day and spends her nights teaching the basement vermin various household skills, etiquette, and performing arts. Under her tutelage, the mice learn to crochet, the cockroaches become helpful boy scouts, and the beetles form a tap-dancing troupe. Rebel Wilson is a perfect match for such a multifaceted, eccentric, and amusing gumbie cat (whatever gumbie is).
Macavity, the Mystery Cat
Played by: Idris Elba
The show’s main antagonist is a tall, thin criminal cat with sunken eyes and dusty ginger fur. While the Jellicles are plainly terrified of this “monster of depravity,” they also seem eerily impressed by his ability to elude capture and conviction. Historically, Macavity hasn’t done any speaking, singing, or dancing—he only shows up briefly to kidnap Old Deuteronomy during a rousing cat fight—but here’s hoping that Hooper has broadened the role for the film so we get to hear at least a good growl or two from Idris Elba.
Laurie Davidson, who played Shakespeare in TNT’s Will, will take on the role of Mr. Mistoffelees, an affable tuxedo cat who peppers his magic tricks with plenty of high leaps and pizzazz. He’s generally beloved by the rest of the cats, and he also saves the day by conjuring Old Deuteronomy from wherever Macavity had hidden him.
These two roguish calicos describe themselves as “knockabout clowns, quick-change comedians, tightrope walkers, and acrobats.” They’re also partners in petty crime, notorious for smashing vases, stealing pearls, and generally wreaking havoc upon their posh family in Victoria Grove. British dancer Danny Collins will join Naoimh Morgan—who actually played Rumpleteazer in the Cats international tour—to bring the spirited rascals to life in the film.
Played by: Robert Fairchild
Without Munkustrap, viewers would have little hope of understanding what’s actually happening in this vaguely plotted musical. Though there’s no song to introduce him, the striking, silver cat is still arguably the most important character: He describes the function of the Jellicle Ball, narrates the action as it unfolds, and leads the charge against Macavity’s attack. It takes a certified musical theater machine to play such an integral part, and Hooper has surely found that in Robert Fairchild, former New York City Ballet principal dancer and Tony Award nominee for An American in Paris.
Played by: Dame Judi Dench
In the gender-swapped role of our dreams, Dame Judi Dench will play Old Deuteronomy, the revered (usually male) town elder who chooses one lucky kitty at the annual Jellicle Ball to ascend to cat heaven, the Heaviside Layer, and be born again. It isn’t Dench’s first time in the junkyard: She was preparing to appear as both Jennyanydots and Grizabella in the original 1981 West End production of Cats when she snapped her Achilles tendon and had to pull out.
Though Plato is a chorus cat mentioned in “The Naming of Cats” and included in some stage productions, Socrates was created specifically for Hooper’s film to make room for both halves of Les Twins, also known as Larry and Laurent Bourgeois. The French hip hop duo gained mainstream recognition after Beyoncé featured them in her 2018 Coachella set and subsequent Netflix concert film Homecoming.
Rum Tum Tugger
Played by: Jason Derulo
The Rum Tum Tugger is a perpetually fickle feline with a lot of rock-n’-roll flair and a pair of hips that he seems to have stolen from Mick Jagger himself. In addition to his own song, Tugger also sings “Mr. Mistoffelees” and features in a few other numbers. With Jason Derulo taking on the role for the film, there’s a good chance we’ll see a modernized, moonwalking version of this swoon-worthy cat.
Skimbleshanks is a charming Scottish cat who looks like a friendly tiger and ensures that all is in order on the night trains, which includes everything from patrolling for mice to reminding the guard to ask passengers how they like their tea. With his flaming red hair and graceful precision, Royal Ballet principal dancer Steven McRae definitely has a couple things in common with his character.
This kitten’s name varies from production to production, but she’s usually characterized by her playful, innocent manner and her willingness to accept Grizabella when the other Jellicles try to shun her. Jonadette Carpio, Philippines native and member of the all-female Krump crew Buckness Personified, will bring her street dance background to the role in the film.
Though lithe, light-footed Victoria doesn’t sing any lines of her own in the original musical, her gleaming white coat and balletic dance solos still make her a standout—so it’s only fitting that Royal Ballet principal dancer Francesca Hayward will bring her to life in the film, where the role has been expanded into a main character. Andrew Lloyd Webber and Taylor Swift even collaborated on a new song called “Beautiful Ghosts” that Hayward will sing in the movie.
Miscellaneous Chorus Cats
Because theater companies vary in size and scope, certain chorus cats are sometimes omitted from productions—or members of the ensemble just aren’t assigned specific characters. At this point, Bill Bailey, Carbucketty, Electra, Etcetera, Peter, Pouncival, Quaxo, Rumpus Cat, Tumblebrutus, and Victor are all chorus cat names that haven’t been given to anybody in the film, but that doesn’t mean we won’t see extra cats in the shadows. According to Dance Spirit, Corey John Snide and Kolton Krause, who played Coricopat and Tumblebrutus on Broadway, respectively, have both been cast as ensemble members in Hooper’s film.