CSUSA Media Library: Session Details

Session Name: The Copyright Misuse Doctrine: Useful or Misused?
MeetingType: Mid-Winter Meeting
Date: 02/06/14
Description: The long-running copyright dispute between Omega and Costco concerning the sale of grey market Omega watches developed a new wrinkle in November 2011, when the Central District of California granted summary judgment for Costco on the ground that Omega misused its copyright by virtue of its efforts to enforce copyright in a 1/8 logo placed on the back of its watches. This ruling, which is under appeal, has sparked fresh discourse about the proper scope and application of the copyright misuse doctrine. This panel will examine the history of the misuse doctrine and will discuss and debate the questions of whether it offers a useful tool to combat the overextension of copyright monopolies, or whether it is a vague and ill-defined loophole allowing judges to dismiss claims they simply dislike.
Program Details
Course Materials
Speaker(s): Ben Sheffner, Bruce Keller
Moderator(s): Laura Heymann
Keywords: Defenses, Distribution Right, Enforcement, First Sale, Licensing, Litigation, Misuse, Registration