Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Ashley]

What does a copyright owner have to do to protect their copyright and what happens if they don't. Trademark law requires the owner of a trademark to actively "protect" the trademark. Is there anything in copywight law with the same requirement or are there case histories requiring it?

For example.  Company A owns a copyright on an item.  When these items show up on the ebay website this company shuts down the auction under the ebay VeRO program.  

People file a counternotice on this take down.  The company allows the counternotice to expire which allows the individual to relist that item but takes no other action.

But the next week this company shuts down the same item by another seller.

It's a cycle of shutdowns, counternotices, counternotices expiring, and no action taken.  It sounds to me like they really aren't protecting their copyright.

If they aren't protecting their copyright can they be in danger of losing it? Inquiring minds want to know.

Seems to me that this sort of intentional non-action constitutes misrepresentation as well as outrageous conduct.

[Isaac]

I think they are protecting their rights.  They get the
auctions taken down.  Just because they accomplish what they
want without taking you to court does not mean they are
sitting on their rights.

Besides that, copyright holders can selectively enforce
their rights.  The situation is not like that of trademarks
where the right can lose something every time a misuse is
unopposed.

Equitable defenses like laches and estoppel not withstanding,
copyright holders can go after or avoid going after whomever they chose.