The Case for a Legislative Amendment Against 'Accessory Copyright' for Grey Market Products: What Can the U.S. Learn from Singapore and Australia?

Singapore Journal of Legal Studies, p. 253, December 2013

25 Pages Posted: 20 Mar 2014  

Irene Calboli

Texas A&M University School of Law; Singapore Management University - School of Law

Mary LaFrance

University of Nevada, Las Vegas, William S. Boyd School of Law

Date Written: December 31, 2013

Abstract

In this article, we suggest that the U.S. Congress could implement a legislative provision prohibiting copyright protection for incidental product features in the context of parallel imports. The U.S.would not be the first country to implement such a provision. In 1994, Singapore pioneered the adoption of a similar provision, which was introduced as an amendment to the SG 1987 Copyright Act. A few years later, in 1998, Australia incorporated a similar amendment to its Aust. Copyright Act 1968. In this article, we analyse in detail the Singapore and Australia provisions and, building upon these provisions, we suggest a specific amendment that the U.S. Congress could introduce into the U.S. Copyright Act of 1976.

Suggested Citation

Calboli, Irene and LaFrance, Mary, The Case for a Legislative Amendment Against 'Accessory Copyright' for Grey Market Products: What Can the U.S. Learn from Singapore and Australia? (December 31, 2013). Singapore Journal of Legal Studies, p. 253, December 2013. Available at SSRN: https://ssrn.com/abstract=2411893

Irene Calboli (Contact Author)

Texas A&M University School of Law

1515 Commerce St.
Fort Worth, TX 76102
United States

Singapore Management University - School of Law ( email )

55 Armenian Street
Singapore, 179943
Singapore

Mary LaFrance

University of Nevada, Las Vegas, William S. Boyd School of Law ( email )

4505 South Maryland Parkway
Box 451003
Las Vegas, NV 89154
United States

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