In reply to nigwit7 Mar 2021 14:03
over on the "other" board.
If you are charged with intellectual property theft, there are a few defences that may help you to not be charged with a crime.
Those defences include...
1. Lack of intent. If the person accused of intellectual property theft did not intend or knowingly attempt to steal the intellectual property or use it for personal gain.
2. Lack of ownership rights. If the person who is accusing another of intellectual property theft didn't have ownership rights over the intellectual property, then they cannot sue for infringement. This would also apply if the material could not be protected under intellectual property laws.
3."Unclean hands". This is considered wrongdoing on the part of the person bringing the lawsuit. If that person waited a long time after finding out about the intellectual property infringement before suing, it would be considered "unclean hands."
4. Fair use. In this defence, the accused intellectual property infringer could claim that the intellectual property was used under the fair use clause. The fair use clause allows for the use of the intellectual property for educational purposes. A fair use defence can be very complicated and would benefit from the help of an intellectual property attorney.
There are other more technical defences to intellectual property lawsuits, but for those, you'll likely need the help of a trained, experienced intellectual property attorney.
What Is Fair Use?
The fair use doctrine is an exception to the rule that no one can use another author or artist’s work without prior permission. Since fair use means that one can copy such copyrighted material, there must be a reason to do so. If done for a limited and transformative purpose, then this would be fair use. Limited use is rather straightforward. The material is being copied for, generally, a one-time use and cannot be copied for use on an on-going or continuous basis. The term “transformative” means ambiguous. A “limited and transformative purpose” can include to comment on, criticize, or parody the copyrighted work. Therefore, if legal proceedings are being brought against you for copyright infringement, the fair use doctrine is a defence that can be used if you can prove that it was done for both a limited and transformative purpose.
De Minimis Defence.
If you are facing an infringement suit, you can claim that the amount copied was so minimal that the court will permit the copying of the material without conducting an analysis of fair use.
de minimis non curat lex : "the law does not concern itself with trifles".
Or as Queen Christina of Sweden put it: "the eagle does not catch flies".
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