Defenses to Copyright Infringement

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Defenses to Copyright Infringement

There are a number of defenses you can raise to prove your innocence. Even if you have intruded on a copyright owner's exclusive rights, your use may not be actual infringement.

When Do I Not Need Permission to Use Someone's Copyrighted Work?

Under certain circumstances, the Fair Use defense allows people to use copyrighted material without the copyright owner's permission. However, in determining whether your work is fair use, you have to consider several factors:

What Are Some of the Other Defenses Available to Me?

Some of the other common defenses to copyright infringement are:

If you had no reason to believe that the original work was protected by copyright, or if you thought that your use was fair, you may be considered to be an innocent infringer. Innocent infringers still have to stop their infringing behavior and pay the copyright owner for the commercial value of their use, but they typically do not have to pay damages to the copyright owner.

How Can a Lawyer Help Me?

A knowledgeable intellectual property lawyer will be able to explain what defenses are available to you and advise you accordingly. If you are sued in a court, an intellectual property lawyer can help defend you.

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Last Modified: 01-06-2015 12:27 PM PST

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