Legal Question in Intellectual Property in Connecticut

Copyright infringement
My company uses commercial off the shelf (COTS) parts in some products we make (screws, fittings and the like). We have a responsibility to be able to ''capture'' the configuration of the product. I would like to photo copy the catalog that is used to define the COTS parts we need for the sole purpose of identifying the COTS parts and to facilitate buying them in the future. Because I wish to photocopy only small portions of the catalog, clearly identify the owner of the catalog (I am not trying to resell these COTS part as my own), and it has no commercial affect on the ''market'' for catalogs (read: No one is suffering damages and the owner of the catalog benefits by product sales) I feel this fall squarely in the area of ''fair use''. I believe this provides the owner of the copyrighted work with exactly what his intent of publishing a catalog is... sales of his product by him to me. Our corporate lawers think differently. It has a copyright mark, therefore we need permission. Sounds simple until you read the release statement they came up with! No one will sign it as it requires the owner to give up all rights to his entire catalog. Am I all wet here?

Asked on 5/02/07, 10:49 am

2 Answers from Attorneys

Andrew Magwood Andrew A. Magwood Attorney at Law

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Re: Copyright infringement

Lawyers are naturally a risk-averse group. You need to define goals with your lawyers. They may be right that it would rerequire a release as you describe to fully cover yourselves. On the other hand, you probably have some good arguments that this is either a "fair use" or it is not going to be a problem for the practical reasons you suggest. So bottom line is you probably do not need the release but would be safer if you could get it.

Answered on 5/02/07, 11:39 am

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