Patent law has long harbored the concept of “inventing around,” under which competitors to a patent holder may be expected, and even encouraged, to design their technologies so as to skirt the boundaries defined by patent claims. It has become increasingly clear that, for better or for worse, copyright also fosters inventing around. In each area, there is a pattern of follow-on innovators designing new technology so as to avoid the infringement liability that might accrue under the existing intellectual property rights. However, inventing around a patent involves skirting the definition of the protected invention, whereas inventing around a copyright involves skirting terminology in the copyright statute. Unlike patent, copyright is not based on written claims, and so copyright inventing around does not involve navigating the boundaries of a particular intellectual property holder’s right. Rather, because copyright links exclusive rights to technological actions such as reproduction, distribution, or transmission, the language of the copyright statute, and judicial readings of the statute, create boundaries around which potential infringers may technologically navigate.