This note argues that the Copyright Act should be changed to permit compensated importation where the underlying work is out of print in the United States. Part I discusses the relevant sections of the Copyright Act and their interpretation by the courts. Part II demonstrates that compensated importation should be allowed when a work is out of print in the United States. Part III proposes a solution into eh form of a compulsory license for out-of-print imports where the work has been out of print in the United States for a certain length of time. This note concludes that the interests of the creators and of the public would be better served by allowing importation of works that are out of print in the United states.
Paul D. Getzels,
Importation of Out-of-Print Works under the Copyright Act of 1976,
10 Fordham Int'l L.J. 782
Available at: http://ir.lawnet.fordham.edu/ilj/vol10/iss4/8