In Sony
Corp. v. Universal Studios, Inc., 464 U.S. 417 (1984), the
Supreme Court held (by a vote of five justices to four) that the
manufacturer of a device that is employed to infringe the copyrights
of others is liable for contributory copyright infringement if
and only if the device is not "capable of substantial noninfringing
uses." The Court then ruled that the use of a VCR for
"time-shifting" -- i.e., to copy a copyrighted television
program for the purpose of replaying it only once at a later time
-- violates section 106 of the Copyright Act but is nevertheless
excused as a "fair use" by section 107 of the Act.
(By contrast, the Court implied that the use of a VCR for "librarying"
-- i.e., to copy a copyrighted program for the purpose of replaying
it more than once -- is not excused as a "fair use.")
Because VCRs are commonly used for "time-shifting,"
the devices plainly are "capable" of a significant noninfringing
use, and the manufacturers consequently are not liable for contributory
infringement.