Copyright misuse doctrine

The copyright misuse doctrine precludes injunctive relief based on [copyright] infringement. This doctrine &mdash; which has its historical roots in the unclean hands defense &mdash; “bars a culpable plaintiff from prevailing on an action for the infringement of the misused copyright.” It “forbids the use of the [copyright] to secure an exclusive right or limited monopoly not granted by the [Copyright] Office and which it is contrary to public policy to grant. “Copyright misuse is a defense to a claim of copyright infringement.”


 * A finding of misuse does not, however, invalidate plaintiff’s copyright. Indeed, the court in Lasercomb specified that “[plaintiff] is free to bring a suit for infringement once it has purged itself of the misuse.” Alcatel USA, 166 F.3d at 792 n.81 (citation omitted).