In a 1999 article, I explored the problem that arises when one party -- whom I called the hiring party -- commissions a work from another party -- whom I called the hired party. The hired party is generally found to be the sole author of the work. The question then becomes: If the hired party is...

I argue that when a natural monopoly exists, the natural monopoly holder - whether an accused monopolist under antitrust law, or a copyright or patent owner under intellectual property law - should be subject only to a liability rule of compulsory licensing, no more and no less. While the...

This paper examines the application of the essential facilities doctrine (EFD) to copyrighted works. It attempts to address three contemporary issues. First, it offers reasons why copyright has become subject to competition law regulation under the essential facilities doctrine. Second, it makes...