Explain what copyright infringement is, as well as the concept of fair use.

Question

What will be an ideal response?

Answer 1

Copyright infringement is the unauthorized use of one or more of the rights of a copyright holder. The penalty per infringement of a registered copyright can be tens of thousands of dollars. Even accidental infringement can lead to penalties. The assumptions and burdens of proof governing copyright infringement are based on civil law, which has broader rules of evidence. Civil law does not require proof of infringement beyond a reasonable doubt. The court's assumption may be that you are guilty, and the burden of proof is on you to prove that you're not.

The Fair Use Doctrine is a built-in limitation to copyright protection that allows users to copy all or part of a copyrighted work in support of their First Amendment and other rights. You do not need to ask permission from the copyright holder for a fair use of the work. For example, you could excerpt short passages of a protected film or song, or parody a television show, even though your use may have commercial value. Determining whether fair use applies to a work depends on the purpose of its use, the nature of the copyrighted work, the amount you want to copy, and the effect on the salability or value of the work. Fair use is used as the defense in many copyright-infringement cases, but it is always decided on a case-by-case basis-there is no set legal formula.