
	Where results make sense

Topic: Copyright misuse

Related Topics

Copyright infringement

In the News (Sun 27 Dec 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	Copyright - Wikipedia, the free encyclopedia
		Copyright is a type of intellectual property; designs or industrial designs may be a separate or overlapping form of intellectual property in some jurisdictions.
		Copyright concepts are perceived to be under challenge in the modern technological era, from the increasing use of peer to peer filesharing, to the downward trend in profits for major record labels and the movie industry.
		Another point of distinction is that a copyright (and a patent) is generally subject to a statutorily-determined term, whereas a trademark registration may remain in force indefinitely if the trademark is periodically used and renewal fees continue to be duly paid to the relevant jurisdiction's trade marks office or registry.
	en.wikipedia.org /wiki/Copyright (6095 words)

	Digital Law Online: Copyright Misuse
		The copyright misuse doctrine is similar to the better-developed patent misuse doctrine.
		The copyright misuse defense is similar to an antitrust claim, where a copyright owner has misused the limited monopoly granted by the copyright.
		While the exact dimensions of the copyright misuse defense will be known only after considerably more cases are decided, its consequences should be considered by anyone who is trying to use his or her copyright to go beyond the protection of the copyright laws.
	digital-law-online.info /lpdi1.0/treatise15.html (756 words)

	Escape from Copyright
		Until recently, copyright owners would probably have found [exiting from copyright] an unattractive alternative, precisely because there were some types of conduct that copyright could reach but contract could not, and because the remedies for copyright infringement were so much stronger.
		In the first place, because § 301(a) of the Copyright Act preempts only "legal or equitable rights that are equivalent" to those established by the statute,[n256] a common law cause of action that alleges an element not required for a showing of copyright infringement will escape preemption under that section.
		In addition to the effects of copyright owners "preempting preemption"[n307] and of courts enjoining copyright misuse,[n308] authors can find themselves former copyright owners because the term of their statutory rights has expired,[n309] or simply because they choose to dedicate their works to the public domain.
	www.tomwbell.com /writings/(C)Esc.html (16013 words)

	RECENT COPYRIGHT DEVELOPMENTS (COPYRIGHT MISUSE AND THE ALLEN-MYLAND CASE) (Site not responding. Last check: 2007-10-20)
		Misuse of patent has long been a legal doctrine by which a patent might be invalidated based on use of the patent by its owner to gain some illegal advantage.
		However, the court found that the same principles which permitted the courts to punish a patent owner for misuse should apply in the copyright context as well, and therefore the court expressly extended the "misuse" doctrine to encompass copyright law.
		Although the specific holding of the case invalidates a copyright based on the owner's condition that a licensee agree to a noncompete provision to obtain access to a license, the implications of the case go far beyond this ruling.
	www.gesmer.com /publications/softcopy/13.php (1073 words)

	Entrepreneurs' Help Page \| Tannedfeet.com
		If an employee creates a copyrightable work as part of his employment, the employer, not the employee, is presumed to be the author and the all copyright rights flow to the employer.
		Copyright registration is important because such registration is a prerequisite for a party to file suit under the Berne Convention (See Transfers Across Borders) if there is even a remote chance that your copyrightable material could end up in foreign commerce, please register it.
		Copyright misuse can be defined as use of a copyright against public policy to secure an exclusive right or limited monopoly not granted by the US Copyright office.
	www.tannedfeet.com /copyright_law.htm (2233 words)

	SSRN-Slaying the Leather-Winged Demons in the Night: Reforming Copyright Owner Contracting with Clickwrap Misuse by ...
		Copyright misuse is an equitable defense based on a claim that the copyright owner has used the rights granted by the federal Copyright Act in a manner that is contrary to the public interest; this defense can be raised by an accused infringer that has not been affected by the alleged misuse.
		Third, a successful misuse defense results in a refusal by the court to enforce the copyright until the misuse is "purged." Given the potential downside risk of contractual overreaching, a broader application of the misuse doctrine would, therefore, "chill" a copyright owner's impulse to overreach.
		To rebut the presumption of misuse, a copyright owner would be required to prove that encouraging the type of contracting behavior at issue is not likely to lead to a reduction of the external benefits the Copyright Act seeks to ensure through the limitation the copyright owner is contractually attempting to avoid.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=582402 (661 words)

	Cohen, Reverse Engineering
		It then addresses the reach of the patent misuse doctrine in the lock-out context and argues that the doctrine should be narrowed, but not abandoned altogether in favor of an antitrust approach, as some have suggested.
		Under this approach to the patent misuse doctrine, the core principle underlying the doctrine is one of reciprocal obligation.
		Moreover, it [p1198] strains credulity to argue that the purposes of copyright* are served by a system that allows the console manufacturer to use its control over the uncopyrightable functional principles on which the console operates to dictate which creative works may be developed and distributed, and who may develop them.
	www.law.cornell.edu /copyright/commentary/chn95t5.htm (4675 words)

	School of Law Facutly: Brett M. Frischmann - Publication Abstract (Site not responding. Last check: 2007-10-20)
		This Article explores the common law defense of copyright misuse from a variety of angles in an effort to refine and unify existing views.
		The unified model that emerges is then applied to software copyright, addressing the tension that software creates within copyright law as well as between copyright, patent, and antitrust law.
		Part II develops a jurisprudential model for understanding the substantive relationship between the copyright misuse doctrine and copyright, patent, and antitrust laws, and the procedural approaches taken by courts when formulating and applying misuse principles - - per se rules and the rule of reason.
	www.luc.edu /law/faculty/docs/abstract_copyright_misuse.shtml (191 words)

	Intro
		The judicial doctrine of intellectual property misuse was created to address situations in which the owner of an intellectual property right used his or her legal monopoly to create such an asymmetry in the balance of rights that the courts refused to enforce the normal intellectual property rights.
		In its analysis, the court acknowledged that the existence of the copyright misuse defense was unclear, and proceeded to conduct an extensive analysis of the history of the misuse doctrine and the public policy underlying the patent and copyright laws.
		Since copyright misuse focuses on the actions of copyright owners and relies on underlying public policy considerations, a uniform approach to future examples of misuse under the penumbra of the software copyright misuse doctrine is a solution to the problem.
	www.law.berkeley.edu /journals/btlj/articles/vol12/White/html/text.html (12066 words)

	3rd Circuit Breaks New Ground on Copyright Misuse, 8/26/03.
		The defense of copyright misuse was raised in this case because Disney licensed its movie trailers subject to license terms that prohibit the licensees from using the movie trailers in a way that is "derogatory to or critical of the entertainment industry or of" Disney.
		That is, traditionally a copyright owner's main remedy has been for violation of his exclusive rights of copyright, as provided in 17 U.S.C. that is, an action for infringement.
		In this scenario, the copyrighted work would be a short software program, that prevents replacement parts and supplies that are not manufactured by the copyright holder from interoperating with the equipment in which the software program is embedded.
	www.techlawjournal.com /topstories/2003/20030826.asp (2257 words)

	SSRN-Anti-Circumvention Misuse by Dan Burk
		Such "paracopyright" effectively grants copyright holders sweeping new ability to impose terms of access on content users: consumers who access content without accepting the content owner's terms would violate the owner's "paracopyright" even if the material accessed is not itself copyrighted or copyrightable.
		Misuse claims first arose in the patent context, where the patent might be leveraged into licensing terms that exceeded the proper scope of the patent grant.
		This new application of misuse doctrine may be guided by the standards established in previous applications to patent and copyright law, and may serve a similar function in regulating the excesses invited by the anticircumvention right.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=320961 (534 words)

	Copyright & Computer Misuse (Site not responding. Last check: 2007-10-20)
		Typically, the copyright owner or the owner's officially designated agent sends an e-mail to East Carolina University with the details of what material is being compromised, by whom and the dates the activity was observed.
		Unauthorized use of copyrighted materials violates both Federal and State laws, is potentially subject to civil and criminal legal action, and is a violation of university policy.
		Unauthorized use of copyrighted materials violates both Federal and State laws, is subject to civil and criminal legal action and, is a violation of East Carolina University's Student and Employee Computer Use Policy and Student Code of Conduct.
	www.ecu.edu /cs-itcs/act/act_compmisuse.cfm (544 words)

	Judge Posner: Misuse Remedies for Copyright's Chill: Corante > Copyfight >
		The result is a systematic overclaiming of copyright, resulting in a misunderstanding of copyright’s breadth.
		Diebold, when Diebold claimed that copyright in internal emails entitled it to demand that ISPs remove criticism of Diebold e-voting machines, we took OPG's case and sued Diebold for copyright misuse and DMCA misuse.
		Judge Posner recommends the doctrine of copyright misuse too -- and as a judge, he doesn't just blog about solutions, but suggested this one in his WIREdata opinion.
	www.corante.com /copyfight/archives/005828.html (277 words)

	EFF: Judge to Rule on Consequences for Diebold's Misuse of Copyright Law
		EFF: Judge to Rule on Consequences for Diebold's Misuse of Copyright Law
		Judge to Rule on Consequences for Diebold's Misuse of Copyright Law
		The Digital Millennium Copyright Act (DMCA), passed by Congress in 1998, provides a "safe harbor" provision as an incentive for ISPs to take down user-posted content when they receive cease-and-desist letters such as the ones sent by Diebold.
	www.eff.org /legal/ISP_liability/OPG_v_Diebold/20040209_eff_pr.php (677 words)

	TLJ Daily E-Mail Alert No. 727, August 27, 2003.
		However, while the Appeals Court ultimately held that the copyright misuse defense fails in this case, it made new law by recognizing the defense of misuse, and by extending its applicability.
		However, the case is particularly significant because the Appeals Court also recognized the defense of copyright misuse, recognized that it might apply in situations beyond the traditional anti-competitive context, and recognized that licensing terms that prohibit criticism may serve as the basis of a copyright misuse defense.
		Copyright misuse is potentially an emerging area of copyright law, and one that could find application in a variety of digital copyright situations.
	www.techlawjournal.com /alert/2003/08/27.asp (3936 words)

	JibJab Complaint Now Available - Misuse of Copyright Claimed: Corante > The Importance of... >
		JibJab is informed and believes that any copyright held in the Guthrie Composition is extremely limited because the majority of the melody of the Guthrie Composition is a derivative work of a song entitled “When the World’s On Fire” recorded by the Carter Family in 1930, ten years before the Guthrie Composition was written.
		Plaintiff is informed and believes and based upon such information and belief alleges that Ludlow is using threats of copyright infringement to restrain JibJab’s free speech and artistic expression and as leverage to force its website service provider to restrict this speech from public access on the Internet....
		Ludlow engaged in the misuse of its copyright, including in the letters of July 20, 23, and 26, by claiming that the creation and dissemination of the “This Land” video constituted copyright infringement when it knew that they did not.
	www.corante.com /importance/archives/005792.php (721 words)

Try your search on: Qwika (all wikis)