Under the new use doctrine in HarperCollins Publishers LLC v. Open Road Integrated Media, broad contractual language such as 'now known or hereafter invented' can cover which of the following?

Under the new use doctrine in HarperCollins Publishers LLC v. Open Road Integrated Media, broad contractual language such as 'now known or hereafter invented' can cover which of the following?

• A. Printed versions only
• B. Online directories
• C. Later-developed technologies such as e-books
• D. Migration to analog formats

Answer: (C)

The main idea tested is how broad license language adapts to future technology under the new use doctrine. When a contract uses a phrase like “now known or hereafter invented,” courts read the grant to cover formats and devices that emerge after the contract is signed, as long as those formats are a reasonable extension of what was licensed. In HarperCollins v. Open Road, this principle was applied to allow the license to publish to extend to later-developed methods of distribution, specifically digital formats like e-books. The rationale is that publishers and licensees would reasonably expect rights to adapt as technology evolves, so the agreement isn’t frozen in old formats but covers new, analogous forms of exploitation. That’s why later-developed technologies such as e-books fit under the broad phrasing. Printed versions only would be too narrow, excluding future formats. Online directories aren’t the typical focus of publishing rights unless the license explicitly covers directory use. Migration to analog formats isn’t a forward-looking development in this context, so it doesn’t illustrate the expansion intended by the language.

The main idea tested is how broad license language adapts to future technology under the new use doctrine. When a contract uses a phrase like “now known or hereafter invented,” courts read the grant to cover formats and devices that emerge after the contract is signed, as long as those formats are a reasonable extension of what was licensed. In HarperCollins v. Open Road, this principle was applied to allow the license to publish to extend to later-developed methods of distribution, specifically digital formats like e-books. The rationale is that publishers and licensees would reasonably expect rights to adapt as technology evolves, so the agreement isn’t frozen in old formats but covers new, analogous forms of exploitation. That’s why later-developed technologies such as e-books fit under the broad phrasing.

Printed versions only would be too narrow, excluding future formats. Online directories aren’t the typical focus of publishing rights unless the license explicitly covers directory use. Migration to analog formats isn’t a forward-looking development in this context, so it doesn’t illustrate the expansion intended by the language.