Extending Copyright Misuse to an Affirmative Cause of Action

This Comment will discuss the copyright misuse doctrine. Part I will introduce Redbox, explain how its business model functions, and describe the history between Redbox and the movie studios involved in the recent litigation. Part II will provide a history and background of the copyright misuse doctrine and how it has been applied in the various circuit courts that have adopted the doctrine. Part II will also touch upon the first sale doctrine, which will be applied to the litigation between Redbox and the studios. Part III will present a proposal for extending the copyright misuse doctrine into an affirmative cause of action in certain, limited circumstances. Finally, in Part IV, this Comment will conclude that Congress needs to clarify the parameters of the misuse doctrine in light of the confusion the different circuits have evidenced in recent years applying the doctrine