Legal Definitions - commercially significant noninfringing use

The legal term commercially significant noninfringing use refers to a product's ability to be used in a substantial and common way that does not violate intellectual property rights (such as copyrights or patents).

This concept is a crucial test in intellectual property law, particularly when determining if a company can be held responsible for infringement committed by the users of its product. If a product has a significant, everyday use that is entirely legitimate and does not infringe on anyone's intellectual property, then the company that manufactures or sells that product generally cannot be penalized or stopped from selling it, even if some users might choose to use it for infringing activities.

Essentially, the law recognizes that many tools and technologies can be used for both legal and illegal purposes. If there's a clear, important, and legitimate use for the product, its creators or sellers are typically protected from liability for the infringing actions of others.

Here are some examples to illustrate this concept:

• Example 1: A High-Resolution Scanner

  • Non-infringing use: A professional graphic designer uses a high-resolution scanner to digitize their original artwork, old family photographs, or legally licensed images for use in new projects. A small business owner scans receipts and documents for record-keeping. These are common, legitimate, and commercially significant uses.
  • How it illustrates the term: Even though a user *could* potentially use the scanner to make unauthorized digital copies of copyrighted books or artwork, the scanner's manufacturer is protected by the "commercially significant noninfringing use" principle. The scanner has many primary, legitimate purposes that do not involve intellectual property infringement, so its sale cannot be prohibited based on potential misuse.

• Example 2: A Digital Audio Workstation (DAW) Software

  • Non-infringing use: A musician uses a DAW to compose original songs, record their own performances, mix tracks for their band, or edit audio for podcasts and educational videos. A sound engineer uses it to master legally licensed music for distribution. These are core, commercially significant applications of the software.
  • How it illustrates the term: While a user *might* theoretically use the DAW to illegally remix or distribute copyrighted music, the software itself is designed for and primarily used in legitimate creative and professional audio production. Because there are numerous significant non-infringing uses, the software developer is not held responsible for the infringing actions of individual users.

• Example 3: A Universal Remote Control Device

  • Non-infringing use: A homeowner uses a universal remote to consolidate control over their legally purchased television, sound system, and streaming devices, simplifying their entertainment setup. A hotel uses them to manage in-room electronics for guests. These are routine, convenient, and commercially significant uses.
  • How it illustrates the term: Even if a highly sophisticated universal remote *could* theoretically be programmed to interfere with or control someone else's copyrighted content display without authorization (a hypothetical infringing use), its primary and overwhelming purpose is to control one's own legally owned devices. The manufacturer is protected because the device has a clear and significant non-infringing function.