Contracts Enlarging a Copyright Owner's Rights: A Framework for Determining Unenforceability

This Comment provides a framework for evaluating the enforceability of contracts under the Copyright Act. First, two major approaches for finding contract terms to be unenforceable are presented. Federal preemption is evaluated as one means of invalidating contract terms that would otherwise be enforceable under state contract law. A "public policy" approach is suggested as an additional method for finding contract provisions to be unenforceable.

Then, by using analogy with patent law where possible, the enforceability of certain contract provisions that extend or enlarge the rights given to the copyright owner by the Act are discussed.