copyright misuse
copyright misuse. In an infringement action, an affirmative defense based on the copyright owner’s use of a license to restrain trade or in any other manner that is against public policy. • The defense, roughly parallel to the declining patent-misuse defense, was invoked, for example, to prevent the American Medical Association from enforcing its copyright in its medical-procedure codes after licensing them to the U.S. Government for use in the Medicaid program. See Practice Mgmt. Info. Corp. v. Am. Med. Ass’n, 121 F.3d 516 (9th Cir. 1997). [Cases: Copyrights and Intellectual Property 75. C.J.S. Copyrights and Intellectual Property §§ 43–44, 62.]
