HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
copyright misuse
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A quick definition of copyright misuse:
Copyright Misuse: When someone who owns a copyright uses it in a way that is against the rules or not fair, they can be accused of copyright misuse. This is a defense that can be used in court if someone is being sued for copyright infringement. For example, if a company licenses their copyright to the government and then tries to stop other people from using it, they could be accused of copyright misuse. It's like when someone doesn't play fair in a game, and they get in trouble for it.
A more thorough explanation:
Copyright misuse is a defense used in an infringement case where the copyright owner uses their license to restrict trade or act against public policy. This defense is similar to the patent-misuse defense.
For example, the American Medical Association licensed their medical-procedure codes to the U.S. Government for use in the Medicaid program. However, they later tried to prevent others from using the codes by enforcing their copyright. This was considered copyright misuse and was prevented by the court in the case of Practice Mgmt. Info. Corp. v. Am. Med. Ass'n, 121 F.3d 516 (9th Cir. 1997).
Another example of copyright misuse could be a music company using their copyright to prevent a musician from performing their own songs in public. This would be against public policy and could be considered copyright misuse.
copyright-management information | Copyright Royalty Tribunal