Page:Veeck v Southern Building Code Congress Intl.pdf/68

 granted by the Copyright Office and which is contrary to public policy to grant.'" concluded that the In Practice Management, the Ninth Circuit American Medical Association misused its copyright when it licensed its coding system to the Health Care Financing Administration. The copyright misuse was the AMA's imposition of a condition on its grant of a license that the licensee-agency agree not to use any competing system. Veeck, in contrast, has raised no genuine issue of material fact regarding any purported misuse by SBCCI of its copyright.The summary judgment record is devoid of evidence that the organization mandates the exclusive use of its codes or any other of its services as a condition of a governmental subdivision's adopting one of the codes. There is thus no record evidence of facts constituting misuse that in turn would prevent enforcement of SBCCI's copyright.

Neither can Veeck prevail on his assertion that SBCCI expressly or impliedly waives its entitlement to copyright protection vis-?-vis the whole world when it successfully encourages municipalities to adopt its codes by reference. I readily concede that a copyright can be waived by the author's