ABSTRACT
Scholars have come to recognize the existence of numerous structural infirmities deeply embedded within the modern copyright system. Most of these infirmities have been attributed to internal tensions within copyright law and policy, including the competing philosophies of access and control, use and exclusion, and rights and exceptions. It remains possible, however, to conceive of unfair competition in terms of what common law scholars identify as the principle of "unjust enrichment." The right to control the production of derivative works suffers from several of the problems that the author identifies with the reproduction right. Professor Stadler makes an exceptionally strong case for the copyright/unfair competition interface and in the process unearths much of the irrationality that has kept the disciplines apart. For this reason alone, it should be valuable reading for anyone interested in the issue of copyright reform.
