online prescription solutions
online discount medstore
pills online
buy lorazepam without prescription
xanax for sale
buy xanax without prescription
buy ambien without prescription
ambien for sale
buy modafinil without prescription
buy phentermine without prescription
modafinil for sale
phentermine for sale
lorazepam for sale
buy lexotan without prescription
bromazepam for sale
xenical for sale
buy stilnox without prescription
valium for sale
buy prosom without prescription
buy mefenorex without prescription
buy sildenafil citrate without prescription
buy adipex-p without prescription
librium for sale
buy restoril without prescription
buy halazepam without prescription
cephalexin for sale
buy zoloft without prescription
buy renova without prescription
renova for sale
terbinafine for sale
dalmane for sale
buy lormetazepam without prescription
nobrium for sale
buy klonopin without prescription
priligy dapoxetine for sale
buy prednisone without prescription
buy aleram without prescription
buy flomax without prescription
imovane for sale
adipex-p for sale
buy niravam without prescription
seroquel for sale
carisoprodol for sale
buy deltasone without prescription
buy diazepam without prescription
zopiclone for sale
buy imitrex without prescription
testosterone anadoil for sale
buy provigil without prescription
sonata for sale
nimetazepam for sale
buy temazepam without prescription
buy xenical without prescription
buy famvir without prescription
buy seroquel without prescription
rivotril for sale
acyclovir for sale
loprazolam for sale
buy nimetazepam without prescription
buy prozac without prescription
mogadon for sale
viagra for sale
buy valium without prescription
lamisil for sale
camazepam for sale
zithromax for sale
buy clobazam without prescription
buy diflucan without prescription
modalert for sale
diflucan for sale
buy alertec without prescription
buy zyban without prescription
buy serax without prescription
buy medazepam without prescription
buy imovane without prescription
mefenorex for sale
lormetazepam for sale
prednisone for sale
ativan for sale
buy alprazolam without prescription
buy camazepam without prescription
buy nobrium without prescription
mazindol for sale
buy mazindol without prescription
buy mogadon without prescription
buy terbinafine without prescription
diazepam for sale
buy topamax without prescription
cialis for sale
buy tafil-xanor without prescription
buy librium without prescription
buy zithromax without prescription
retin-a for sale
buy lunesta without prescription
serax for sale
restoril for sale
stilnox for sale
lamotrigine for sale

What’s In A Copyright? The Forgotten Right “To Authorize”

by Aden Allen

9 Colum. Sci. & Tech. L. Rev. 87 (2008) (Published February 19, 2008)

Abstract

For years, Congress and the Judiciary have wrestled with the problem of how to properly protect intellectual property rights while balancing them against the common good. One of the most active areas is that of indirect liability. The Patent Act of 1952 expressly codified liability for inducement and contributory infringement. However, the Copyright Act of 1976 failed to do the same. What should be made of Congress’ codification of indirect liability in patent but not copyright law? This Note will argue that indirect liability for copyright infringement can be derived from the 1976 Act’s use of the phrase “to authorize” when describing the exclusive rights of a copyright holder. This Note will consider the development of indirect liability in patent and copyright law, and compare the jurisprudence of America with that of Australia and England. Borrowing from the English and Australian copyright systems, this Note proposes that an appropriate authorization test would hold a party liable for (1) failing to take reasonable and effective measures to curtail infringement while (2) not enabling copyright owners to monitor infringement themselves. An additional authorization test would hold a party liable for granting or purporting to grant the authority to do an act exclusively reserved to the copyright owner. To highlight potential uses and effects of an authorization standard, this Note reviews the Supreme Court’s Grokster decision and compares two recent Ninth Circuit decisions. The Note concludes that the proposed authorization standard comports with the Copyright Act of 1976. However, the Note also suggests the need for Congress to provide greater guidance in the area.

About the Author

Columbia Law School, J.D. Candidate 2008; B.S., Massachusetts Institute of Technology. Articles Editor, Columbia Science & Technology Law Review, Vol. IX.

Important Note

For proper legal citation of this document, please cite to the following URL: http://www.stlr.org/cite.cgi?volume=9&article=3. The URL that currently appears in your browser’s location toolbar is incorrect. For more information on Bluebook citation of internet sources, click here.

View in PDF

blog comments powered by Disqus