Legal Definitions - copyright misuse

Copyright misuse is a legal defense that can be raised by a party accused of copyright infringement. It asserts that the copyright owner has used their copyright, often through restrictive licensing agreements, not to legitimately protect their creative work, but in a way that harms competition, stifles innovation, or goes against public policy.

Essentially, it argues that the copyright holder has abused the privileges granted by copyright law to gain an unfair advantage in a market or to impose conditions that are detrimental to the public interest, thereby making their copyright unenforceable until the misuse is remedied.

• Example 1: Restricting Competition in a Related Market

  A company holds the copyright to a widely used software framework essential for developing mobile applications. They license this framework to developers but include a clause that prohibits any licensee from creating applications that compete with *any* of the copyright owner's own applications, even if those competing applications are built using entirely different code and do not infringe on the framework itself. If a developer is sued for copyright infringement for using the framework, they might raise a copyright misuse defense.

  This illustrates copyright misuse because the copyright owner is using their copyright on the framework to unfairly suppress competition in the separate market for mobile applications, rather than simply protecting their intellectual property in the framework itself. This goes beyond the legitimate scope of copyright protection and could be seen as anti-competitive.

• Example 2: Controlling Access to Essential Information

  A private organization owns the copyright to a comprehensive database of building safety codes that are widely adopted by municipalities across the country. They license access to this database but impose extremely high fees and strict terms that prevent smaller construction companies or independent inspectors from reasonably accessing the information needed to ensure compliance. If the organization sues a small firm for unauthorized access, the firm might argue copyright misuse.

  This demonstrates copyright misuse because the organization is leveraging its copyright over essential public safety information to create a barrier to entry or compliance, potentially harming public welfare or fair market access, rather than merely protecting its database from unauthorized copying.

• Example 3: Tying an Unrelated Product to a Copyrighted Work

  A popular online educational platform holds the copyright to a unique, interactive learning module. They license this module to schools but require that any school using the module must also purchase their proprietary, expensive student assessment software, even if the assessment software is not integrated with the module and schools prefer other assessment tools. If a school uses the module without buying the assessment software and is sued, they could claim copyright misuse.

  This is an example of copyright misuse because the platform is using its copyright on the desirable learning module to force schools to buy an unrelated product (the assessment software), thereby gaining an unfair advantage in the assessment software market. This "tying" arrangement extends the power of the copyright beyond its intended purpose.