Copyright misuse is an equitable defense against copyright infringement in the United States allowing copyright infringers to avoid infringement liability if the copyright holder has engaged in abusive or improper conduct in exploiting or enforcing the copyright. Copyright misuse 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 and derives from the more general equity doctrine of "unclean hands", which bars a party from obtaining equitable relief (such as an injunction) against another when the party has acted improperly (though not necessarily illegally).
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 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.
Read more about Copyright Misuse: Relevant Court Decisions
Famous quotes containing the word misuse:
“Physical pleasure is a sensual experience no different from pure seeing or the pure sensation with which a fine fruit fills the tongue; it is a great unending experience, which is given us, a knowing of the world, the fullness and the glory of all knowing. And not our acceptance of it is bad; the bad thing is that most people misuse and squander this experience and apply it as a stimulant at the tired spots of their lives and as distraction instead of a rallying toward exalted moments.”
—Rainer Maria Rilke (1875–1926)