ADA holds the Code copyright

The Code is a copyrighted work owned by the ADA and copyright licenses are available to, and required of, other entities that wish to use it. The copyright license entitles the ADA to royalties from these entities. Generally, parties that use the Code without a license are infringing the ADA’s copyrights and are subject to cease and desist letters and, ultimately, legal action. Although the copyright license does not control the manner in which the Code is used for internal claims adjudication, the ADA Legal Division aggressively pursues unlicensed use of the Code.

During 2007, research by Legal Division staff and information provided by the Department of Salable Materials and CDBP resulted in approximately 50 notices of infringement or cease and desist letters. Ten of these communications have resulted in executed CDT licenses, bringing those entities into compliance with licensing requirements. CDBP staff is actively engaged in the process of identifying possible CDT copyright violations.

Examples of copyright license violations include:

• Failing to obtain and maintain a license from the ADA to use the Code.
• Reproducing codes on the public portions of the company’s Web site.

Red flags that can alert members to possible copyright licensing agreement violations include use of significant portions of the Code in publications or presentations. If members become aware of such uses they should alert the ADA Legal Division so it can determine if a license is needed by the entity or whether there is already one in place.