Copyright misuse
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Copyright misuse is an equitable defense against copyright infringement in the United States based on the abusive or improper conduct of the copyright owner in enforcing the copyright. It is comparable to and draws from precedents under the older doctrine of patent misuse, which dates back to the early years of the 20th century.[1]
The doctrine forbids the copyright owner from attempting to extend the effect or operation of the copyright beyond the scope of the statutory right, usually through restrictive licensing practices) that are contrary to public policy.[2] Finding that a copyright owner has engaged in misuse prevents the owner from enforcing her copyright through the securing of an injunction until the misuse has been "purged" -- that is, the improper practice has been abandoned and its effects have fully dissipated.[3]
Copyright misuse is not a statutory defense set forth in the federal Copyright Act but is instead founded in federal case law derived from the patent misuse doctrine. One of the earliest copyright misuse precedents is a case in the Minnesota Federal District Court, M. Witmark & Sons v. Jensen.[4] The United States Court of Appeals for the Fourth Circuit subsequently endorsed the copyright misuse doctrine in Lasercomb v. Reynolds,[5] Other appellate decisions in the area include Video Pipeline, Inc. v. Buena Vista Home Entertainment[6] and Assessment Technologies v. WIREdata.[7]
The doctrine of copyright misuse derives ultimately from the longstanding equitable doctrine of "unclean hands", which bars a party from obtaining equitable relief (such as an injunction) against another when the party has acted improperly (though not necessarily illegally). Improper behaviour that may lead to a finding of copyright misuse includes (but is not limited to) anti-competitive activity.
[edit] See also
- Copyfraud
- Kai Puolamäki, activist against copyright misuse in Finland
- Warner Music Group
[edit] References
- ^ See Motion Picture Patents Co. v. Universal Film Mfg. Co., 243 U.S. 502 (1917).
- ^ See Lasercomb v. Reynolds, 911 F.2d 970, 978 (4th Cir. 1990) (“The question is . . . whether the copyright is being used in a manner violative of the public policy embodied in the grant of a copyright.”).
- ^ See generally B.B. Chem. Co. v. Ellis, 315 U.S. 495 (1942).
- ^ 80 F. Supp. 843 (D. Minn. 1948).
- ^ Lasercomb, 911 F.2d 970 (4th Cir. 1990). Lasercomb is generally considered the leading case.
- ^ 342 F.3d 191 (3d Cir. 2003).
- ^ 350 F.3d 640 (7th Cir. 2003). For a discussion of this case see IT Law Wiki.
