From the course: Understanding Intellectual Property

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Copyright defenses

Copyright defenses

From the course: Understanding Intellectual Property

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Copyright defenses

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- Copyright defenses. What happens if you end up being an infringer? There are many people who use someone else's content, but can avoid being liable for infringement with the right defense. Fair use is the most common defense. It means you've copied or used someone else's work, or that you have vicarious or contributory liability, but the fair use defense gets you off the hook for damages. Fair use is a four-part test that analyzes the thing that you've copied. It looks at the underlying work, it looks at the purpose of the work that you're copying, it looks at the amount and substantiality of the copy that you've created, and it looks at the effect that your copy has on the market for the underlying product. There's a myth that an educational institution is entitled to use copyrighted material for educational purposes. It's not true. Merely being an academic institution or nonprofit does not prevent liability from attaching. But in the context of education, fair use is an easier…

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