Over two decades since the copyright misuse doctrine was first recognized in Lasercomb America, Inc. v. Reynolds, a uniform approach for determining whether a specific behavior constitutes misuse still does not exist. Circuit courts have commonly applied two competing approaches to the misuse analysis. One approach centers on the public policy underlying copyrights; the other approach centers on antitrust principles. This Note explores relevant jurisprudence and elucidates the shortfalls of each approach. It then proposes a compromise that underscores the interplay between copyright and antitrust laws. The proposed resolution aims to provide a much–needed uniform misuse analysis that does not overlook the important policies underlying copyright law, or disregard antitrust principles relevant in the context of tying arrangements.
A Three-Tiered Public Policy Approach to Copyright Misuse in the Context of Tying Arrangements,
82 Fordham L. Rev. 81
Available at: http://ir.lawnet.fordham.edu/flr/vol82/iss1/2