Much Ado About Copyright's 'Making Available' Right

Abstract

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