SECOND INTERNATIONAL HARVARD CONFERENCE ON INTERNET & SOCIETY  may 26-29, 1998

Dealing With Overlapping Copyrights on the Internet by Mark Lemley http://papers.ssrn.com/sol3/paper.taf?abstract_id=41607 This article addresses the problems presented by the effective overlap of copyright's exclusive rights in the context of transmission on computer networks. Such simple activities as sending email or posting to Web pages may implicate the reproduction right, the adaptation right, the distribution right, the performance and display rights, and the new digital performance as well as triggering liability for contributory infringement and under the proposed transmission right. The article suggests that this overlap creates serious problems not only for user rights and defenses, but also for copyright owners who wish to license only a subset of their rights or who wish to divide ownership of their copyright. The article considers as possible solutions to this problem a theory of implied license, as well as a unified statutory transmission right that displaces other exclusive rights. Related Links University of Texas Intellectual Property program. Mark A. Lemley publications list. Mark A. Lemley is an Assistant Professor at the University of Texas School of Law, and Counsel to the law firm of Fish & Richardson, P.C. Mr. Lemley will be a panelist on the Harvard Conference on Internet & Society panel on Web framing and linking (Concurrent Session B).