New Uses of Old Works: May a Licensee Exploit Previously Licensed Content Without the Consent of the Copyright Owner?

摘要

Technology continues to create attractive new products, including e-books and iPods, that give users access to a vast number of previously licensed copyrighted works. But when a new product exploits these works without the permission of the copyright holder, litigation is likely, especially where the new use has significant economic value. The parties to the litigation are most often the copyright holder who licensed the copyrighted work and the licensee who seeks to exploit the work in the new product. The licensor claims that the license does not contemplate the new use. In response, the licensee asserts the new use is simply an evolutionary or forward step in the presentation of the work and is therefore permitted by the license.