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US Copyright Office Addresses Concerns About Software-Enabled Consumer Products
Practical Law Legal Update w-005-0593 (Approx. 3 pages)
US Copyright Office Addresses Concerns About Software-Enabled Consumer Products
by Practical Law Intellectual Property & Technology
| Published on 16 Dec 2016 • USA (National/Federal) |
The US Copyright Office has released the results of its study of the role of copyright law in software-enabled consumer products.
On December 15, 2016, the US Copyright Office reported on its study of copyright law's role in software-enabled everyday consumer products, such as cars, cellphones, and thermostats. In its report, the Copyright Office addressed:
- How software-enabled consumer products can be:
- sold, resold, or improved;
- researched for security flaws; and
- made to interoperate with other products or software.
- The reach and scope of licensing practices for embedded software, including:
- the relationship between the Copyright Act and state contract law;
- how violations of the terms in software licenses would constitute copyright infringement; and
- confusion among consumers regarding licensing terms for embedded software.
- The potential for relevant copyright law doctrines, such as merger and fair use, to operate within software-enabled consumer products.
Based on its study, the Copyright Office:
- Concluded that existing copyright law can adequately handle innovations regarding software-enabled consumer products.
- Recommended no legislative changes.
The full report can be found here.