Re: Use of copyrighted materials by state agency

On 7/28/98, Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
>
> What a fun question. I should use it on an exam.
>
> When you purchase a CD of clipart, the seller probabaly asserts that
> you have not purchased it, but have licensed it -- look on the
> packaging or in even in the installation screens for a so-called
> "shrink wrap" license setting out the terms of the license. They may
> well restrict the kind of use you are contemplating.
>
> Having said that, you should know that the majority of courts have
> found such licenses to be unenforceable, the notable exception being
> the 7th Circuit. So beware if you live in the 7th Circuit. There is
> also a trial court holding in California indicating that shrinkwraps
> might be enforceable (that is, that a lawsuit for breach of a
> shrinkwrap could state a claim for a legally recognizable wrong).

But if the license is not enforceable, don't we resort to default rules of copyright that would bar reproduction and distribution of works contained on the purchased CD. I mean if the express license is a nullity outside the 7th Circuit, what's the source of the right to reproduce the clipart at all -- an implied license?

John Noble
<jnoble[_at_]dgsys.com> Received on Wed Jul 29 1998 - 12:56:47 GMT