Defenses to a Claim of Copyright Infringement - Explained
When is Use of a Copyrighted Work Okay?
Written by Jason Gordon
Updated at September 26th, 2021
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Table of Contents
What defenses are available to a copyright infringement action?Discussion QuestionPractice QuestionAcademic ResearchWhat defenses are available to a copyright infringement action?
The following doctrines or laws provide a defense for an alleged copyright infringer:
Invalidity - The defendant may show that the owners copyright is invalid. Note: This generally arises in the context of the validity or scope of copyright licenses.
License - The defendant may demonstrate that she has a valid license. Note: This generally arises in the context of the validity or scope of copyright licenses.
Public Domain - The defendant may successfully argue that the work is in the public domain. Note: This includes works that are not subject to copyright and can longer be made subject to copyright. Since copyrights attach naturally, it generally means that the duration of the copyright has lapsed. A creator may also undertake steps to affirmatively place the copyright in the public domain.
Statute of Limitations - The defendant may argue that the statute of limitations for enforcement of an infringement action has run. Note: This includes situations where a party learns of an infringing use and does nothing to enforce the copyright against infringement within the statute of limitations. It would generally not apply to on-going infringement.
Accident - The defendant may claim unknowing or innocent infringement. This is not generally an available defense for commercial use of a copyrighted work. Note: This generally includes any incidental use for a non-commercial purpose.
Fair Use Doctrine - The fair use doctrine claims that there is a valid an legal use of the copyrighted work that does not infringe upon the holders rights. Examples of fair use may include the following uses: review of the material (such as critique or criticism); academic use (such as teaching the material or research); satire or other parody of the work; and news or public commentary.
Next Article: What is Fair Use of a Copyright? Back to: INTELLECTUAL PROPERTY LAW
Related Topics
-
What is a copyright?
- Digital Millennium Copyright Act or DMCA Explained
- Basics of Copyright Law
- What are the rights of a holder of a copyright?
- What are the elements of a copyright?
- How long is the period of copyright protection?
- What is the process for registering a copyright?
- Who may claim and secure copyright protection?
- What are infringement and the process for enforcing a copyright?
- What are the defenses available against a claim of copyright infringement?
- Public Domain Works
- Licensing Agreement
- End User License Agreement
- What is Fair Use of copyright?
- What is the First Sale Doctrine?
Discussion Question
Do you agree that the above-listed scenarios should constitute a defense to a copyright infringement action? Why or why not? Can you think of any other situations that should be a defense or constitute fair use?
Practice Question
SuperBand is being sued by GreatBand for copyright infringement. GreatBand claims that SuperBand used the rhythm and some lyrics from its copyrighted song. What are some of the potential defenses that may be available to SuperBand?
