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Copyright Infringement and Defenses

Copyright Infringement and Defenses

Study how copyright holders protect their rights with infringement claims, including the definition of copyright infringement, the tests for showing that a copyright has been infringed, secondary liability for those who encourage or facilitate infringement, and available defenses to infringement claims.


Infringement claims are powerful ways to protect copyrights. A party commits copyright infringement when it violates one of the copyright owner’s exclusive rights. To prove an infringement claim, the copyright owner must show that the other party copied the work and improperly appropriated the work. Finally, Congress codified a powerful defense against a claim of copyright infringement which allows parties to make “fair uses” of a copyrighted work under certain circumstances.

I. Defining...

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