Document Type

Article

Publication Date

1998

Center/Program

Kernochan Center for Law, Media and the Arts

Abstract

U.C.C. Articles 2B of the Uniform Commercial Code was designed primarily to regulate online and mass market transactions, particularly the licensing of computer software. Its effects, however, will extend to authors of works other than computer software. This Article considers the effects Article 2B would have on dealings between those authors and the exploiters of the authors' works. By reducing procedural barriers to the formation of licenses, Article 2B would make it all too easy for an author to assent to contract terms that may heavily favor an exploiter of the author's work. On the other hand, default contract terms contained in Article 2B would provide substantive protections to authors who enter into informal licenses. Authors and their representatives, who have not closely followed the evolution of Article 2B, would do well to contribute their perspectives to the drafting process.

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