A THREE-TIERED PUBLIC POLICY APPROACH TO COPYRIGHT MISUSE IN THE CONTEXT OF TYING ARRANGEMENTS.

LASERCOMB America Inc.; UNITED States. Copyrights (1976)

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. [ABSTRACT FROM AUTHOR]

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