Editing Copyright misuse (section)

=== ''Video Pipeline, Inc. v Buena Vista Home Entertainment, Inc.'' ===
In ''Video Pipeline, Inc. v Buena Vista Home Entertainment, Inc.'',<ref>342 F.3d 191 (3d. Cir 2003) </ref> the [[United States Court of Appeals for the Third Circuit|Third Circuit]] stated that a copyright holder might commit misuse in trying to enforce a license that prohibits criticism of copyright-protected works. Video Pipeline had an agreement with Disney, which allowed it to compile more than 500 movie trailers. When Video Pipeline started to post the trailers online, Disney asked Video Pipeline to remove the trailers, as they were not covered by the terms of the license. Although Video Pipeline complied with Disney’s request, it sought a declaratory relief that its use of trailers online did not in any manner violate Disney’s copyright. Additionally, Video Pipeline amended the complaint to seek declaratory relief to use a two-minute video clip review it created out of sixty-two movies. Disney, which owned Buena Vista, filed a counterclaim for copyright infringement in response to the suit. The Court observed that the doctrine is yet to be affirmatively expressed by the United States Supreme Court and that the licensing terms were reasonable. Accordingly, the Court ultimately ruled that the doctrine was inapplicable to the factual matrix of this case.

This case has assumed significance because it was decided in a circuit wherein Redbox sued three major studios, namely Universal, Walter and Fox.