The first-sale doctrine, which limits the exclusive rights that survive the initial authorized sale of an item protected by such rights, has never been fully explored and articulated. Recently, insights borrowed from modern antitrust law and economics are invoked to provide a seemingly robust...

Conventional wisdom holds that the European Union has opted to apply its competition law to the exercise of intellectual property rights to a much greater extent than has the United States. We argue that, at least in the context of copyright protection, this conventional wisdom is false. While...

Modern trademark scholarship and jurisprudence view trademark law as an institution aimed at improving the amount and quality of information available in the marketplace by reducing search costs. By providing a concise and unequivocal identifier of the particular source of particular goods,...

This article develops two key insights. First, copyrighted works are affected by two types of competitive forces: substitutive competition and Schumpeterian competition. Second, the relevant magnitude of each of these competitive forces changes at various points over the life cycle of...

In most countries the right to perform music in public is not administered individually by the copyright holders but collectively by Performing Rights Organizations (PROs). The common explanation for the proliferation of collective administration is that some aspects of copyright administrations...

This Chapter discusses the tensions between copyright law and competition and some of the ways through which copyright law itself works to advance competition policy goals. It shows how competition policy goals and anti-monopoly measures shaped the design of copyright since the Statute of Anne,...

This Chapter recounts the history of fair use and fair dealing. It traces the shared common law origins of fair use and fair dealing in English and American copyright law, and shows that the enactment of the 1911 UK Copyright Act - the basis for current copyright laws of most Commonwealth...

Canadian copyright collectives and the Copyright Board have in recent years advanced the theory that when the Board certifies collectives' tariffs (or fixes the royalties in individual cases), those tariffs become mandatory on users. Users have no choice whether to deal with the collective; they...

Canadian copyright collectives and the Copyright Board have in recent years advanced the theory that when the Board certifies collectives' tariffs (or fixes the royalties in individual cases), those tariffs become mandatory on users. Users have no choice whether to deal with the collective; they...

In this Article, written for a symposium on the future of libraries in the digital age, I present and challenge two common views about the scope of the first-sale doctrine, or exhaustion: namely, that the doctrine applies only to the transfer of tangible copies of works but not to the transfer...