Much Ado About Copyright's 'Making Available' Right

7 Pages Posted: 11 May 2014

Date Written: May 9, 2014


This commentary discusses the U.S. Copyright Office's May 5, 2014 hearing on the scope of the Section 106(3) distribution right, including the role of legislative history in interpreting this provision of copyright law. Following hearings before the House Judiciary Subcommittee on Intellectual Property and the Internet on January 14, 2014, Congress asked the Copyright Office to review and assess “the state of U.S. law recognizing and protecting making available and communication to the public rights for copyright holders.”

Keywords: statutory interpretation, making available right, distribution right, legislative history

Suggested Citation

Menell, Peter S., Much Ado About Copyright's 'Making Available' Right (May 9, 2014). UC Berkeley Public Law Research Paper No. 2435277, Available at SSRN: or

Peter S. Menell (Contact Author)

UC Berkeley School of Law ( email )

2240 Bancroft Way
Berkeley, CA 94720-7200
United States

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