This chapter examines the holdout problem involving a copyright holder’s refusal to license digital content to internet users or third-party intermediaries despite the possibilities of socially valuable uses. It begins with two case studies illustrating the classic holdout problem, which often...

In the past two decades, copyright protection throughout the world has been greatly expanded to respond to challenges posed by new communications technologies and copyrightable subject matters. As protection has increased, the growing power of copyright owners has also led to market abuses that...

During recent years, there has been a debate over the constitutionality of a moral rights regime in the United States. Although this debate has focused on Congress's powers, another issue lies largely unaddressed: the question of whether moral rights law might violate the First Amendment. Recent...