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A s an instrumentally driven entitlement, copyright has its limits. If, as most agree, copyright law's primary purpose lies in providing individuals with an incentive to generate creative expression, its grant of exclusivity must be limited by that purpose.'Yet, courts almost never look to copyright's incentive structure in delineating its scope. They routinely assume that its property-like nature automatically entitles its holder to internalize all possible benefits associated with the work-whether or not the creator was responsible for them beyond just creating the work. This issue becomes most pressing in cases involving markets for new uses-uses that either employ the work in the context of a new technology or creatively employ the work for an altogether new purpose. 2

An overwhelmingly large number of copyright cases, both historically and in the recent past, have involved markets for new usesmost prominently, uses involving …