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AutoCAD Copyright Infringement
AutoCAD software, developed by Autodesk, is a cornerstone in architecture, engineering, and industrial design. Yet, many users misunderstand their legal rights regarding ownership and transfer of the software. In the United States, AutoCAD is almost always licensed rather than sold, which directly impacts the application of the First Sale Doctrine under 17 U.S.C. §109(a). Misunderstanding this distinction has led to numerous copyright infringement cases. SJKP LLP provides comprehensive legal services to protect businesses and individuals from costly AutoCAD disputes.
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1. AutoCAD Copyright and License Status
AutoCAD is provided under strict license agreements. When purchasing AutoCAD, customers do not acquire ownership but rather a license to use the software under specific terms. The End User License Agreement (EULA) often includes restrictions on copying, transferring, or modifying the software. U.S. courts have repeatedly held that these license terms create a “licensee” status rather than true ownership. This distinction is essential for companies managing software compliance.
AutoCAD License Types and Restrictions
Autodesk offers various license types, including individual, enterprise, and educational versions. Enterprise and network licenses have strict rules on seat allocation and sharing, while educational licenses are prohibited from commercial use. Violating these terms can result in severe copyright claims. Businesses must carefully review the license type they hold to avoid accidental infringement.
2. AutoCAD Copyright and First Sale Doctrine
The First Sale Doctrine under 17 U.S.C. §109(a) permits the owner of a lawfully made copy to resell or transfer that copy without the copyright holder’s consent. However, courts have repeatedly ruled that software provided under a license agreement is not subject to this doctrine. Since AutoCAD is licensed, users cannot rely on First Sale protection for resales or transfers.
AutoCAD Resale and Transfer Risks
A critical case, Vernor v. Autodesk (9th Cir. 2010), confirmed that First Sale protections do not apply to AutoCAD. Timothy Vernor attempted to resell used AutoCAD copies on eBay, but the court ruled he was merely a licensee, not an owner. As a result, his resale violated Autodesk’s copyright, and First Sale Doctrine could not shield him. This case illustrates the significant legal risks for individuals and businesses who attempt to resell or transfer AutoCAD without explicit authorization.
3. AutoCAD Copyright Enforcement and Legal Support
Unauthorized use or distribution of AutoCAD can lead to substantial civil and even criminal liability. Copyright holders may pursue statutory damages, injunctions, and, in cases of willful infringement, criminal charges. SJKP LLP assists clients by investigating suspected infringements, defending against Autodesk enforcement actions, and providing compliance counseling to prevent future disputes.
How SJKP LLP Supports AutoCAD Copyright Cases
Our services include internal audits, license verification, settlement negotiation, and courtroom representation. By understanding the complex interplay between software licensing and U.S. copyright law, we help clients reduce legal risk, avoid costly litigation, and achieve favorable outcomes in enforcement disputes.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
