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.
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:
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.
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.
Last Modified: 01-06-2015 12:27 PM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.