Copyright - Defenses - Affirmative Defense - Copyright Estoppel (Advisory Jury)

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-9-28
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Copyright Estoppel (Advisory Jury) is a type of affirmative defense to copyright infringement. It is an equitable defense to copyright infringement, meaning it is not a direct defense to infringement but instead a form of estoppel that prevents a copyright owner from asserting certain claims against an alleged infringed. Copyright Estoppel is a judicially created doctrine that prevents a copyright owner from enforcing their copyright rights if they have either directly or indirectly represented that certain uses of the copyrighted material are permissible. This doctrine applies when the copyright owner has either intentionally or through inaction led the alleged infringed to believe that certain uses of the copyrighted material were allowed. The doctrine of copyright estoppel is also referred to as an "advisory jury" because a court may consider the conduct of the copyright owner in forming its opinion about the alleged infringed's reliance on that conduct. This includes the factual circumstances of the copyright owner's representations as well as the conduct of the alleged infringed in response to the representations. The court may then advise the jury on the issue of reliance and, ultimately, the infringement case.

Copyright Estoppel (Advisory Jury) is a type of affirmative defense to copyright infringement. It is an equitable defense to copyright infringement, meaning it is not a direct defense to infringement but instead a form of estoppel that prevents a copyright owner from asserting certain claims against an alleged infringed. Copyright Estoppel is a judicially created doctrine that prevents a copyright owner from enforcing their copyright rights if they have either directly or indirectly represented that certain uses of the copyrighted material are permissible. This doctrine applies when the copyright owner has either intentionally or through inaction led the alleged infringed to believe that certain uses of the copyrighted material were allowed. The doctrine of copyright estoppel is also referred to as an "advisory jury" because a court may consider the conduct of the copyright owner in forming its opinion about the alleged infringed's reliance on that conduct. This includes the factual circumstances of the copyright owner's representations as well as the conduct of the alleged infringed in response to the representations. The court may then advise the jury on the issue of reliance and, ultimately, the infringement case.