Peter S. Menell (University of California, Berkeley - School of Law) has posted Much Ado About Copyright's 'Making Available' Right on SSRN. Here is the abstract:
This commentary discusses the U.S. Copyright Office's May 5, 2014 hearing on the scope of the Section 106(3) distribution right, including the role of legislative history in interpreting this provision of copyright law. Following hearings before the House Judiciary Subcommittee on Intellectual Property and the Internet on January 14, 2014, Congress asked the Copyright Office to review and assess “the state of U.S. law recognizing and protecting making available and communication to the public rights for copyright holders.”
