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The First Sale Doctrine After Costco: Brilliantly Reconciling Decades Of Legislative Revision; The Forgotten Curse Of The Manufacturing Clause; Or Just Plain Bad Statutory Drafting?, Patrick J. Coyne
Akron Intellectual Property Journal
This paper presents the case for two alternative results: (1) The first sale defense applies in Costco for the same reasons that required its application in Quality King. As Justice Stevens wrote in Quality King, “once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution”; or (2) The first sale defense does not limit infringement liability for unauthorized importation under 17 U.S.C. § 602(a) because the act of importation involves neither a sale nor disposition of a copy that would trigger …
Extending Copyright Misuse To An Affirmative Cause Of Action, Michael E. Rubinstein
Extending Copyright Misuse To An Affirmative Cause Of Action, Michael E. Rubinstein
Akron Intellectual Property Journal
This Comment will discuss the copyright misuse doctrine. Part I will introduce Redbox, explain how its business model functions, and describe the history between Redbox and the movie studios involved in the recent litigation. Part II will provide a history and background of the copyright misuse doctrine and how it has been applied in the various circuit courts that have adopted the doctrine. Part II will also touch upon the first sale doctrine, which will be applied to the litigation between Redbox and the studios. Part III will present a proposal for extending the copyright misuse doctrine into an affirmative …