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. The doctrine forbids the copyright owner from attempting to extend the effect or operation of copyright beyond the scope of the statutory right, for example, by engaging in restrictive licensing practices) that are contrary to public policy, particularly the public ...
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. The doctrine forbids the copyright owner from attempting to extend the effect or operation of copyright beyond the scope of the statutory right, for example, by engaging in restrictive licensing practices) that are contrary to public policy, particularly the public policy of copyright law. Courts do not permit a copyright owner that has engaged in misuse to enforce its copyright -- whether by securing of an injunction against infringers or collecting damages for infringement, until the misuse has been "purged" -- that is, the improper practice has been abandoned and its effects have fully dissipated.
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