COPYRIGHT MISUSE

摘要

The copyright misuse doctrine can arise when a copy-right owner attempts to use its copyright in an anticompetitive manner to gain more protection than what is available under the copyright laws. Any license restriction must be construed to determine whether it is actually being used to gain an improper monopoly on the particular product. Note that the Video Pipeline case appears to extend the misuse doctrine to situations where the licensor is trying to suppress criticism of its product, a point also made in the Ty case regarding BEANIE BABIES.