In a lawsuit for copyright infringement,a defendant can avoid liability by successfully arguing _________,based on the notion that the free flow of ideas sometimes requires quoting or borrowing from a copyrighted work.

Question

Quizplus · Accepted Answer

The concept mentioned in the question is that of fair use, which allows limited use of copyrighted material without the permission of the copyright owner. This is based on the idea that certain types of uses, such as criticism, commentary, news reporting, teaching, scholarship, or research, benefit society by creating new works, fostering innovation, and encouraging the dissemination of knowledge. To determine whether a particular use of a copyrighted work is fair, courts consider four factors: the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market for or value of the copyrighted work. If the use is found to be fair, then there is no liability for copyright infringement.

In a Lawsuit for Copyright Infringement,a Defendant Can Avoid Liability