What arguments may be advanced to defend a claim of copyright infringement?
The other side may argue:
(1) It did not copy your work, but independently created it. (This is somewhat similar to the argument that an infinite number of monkeys with typewriters would eventually create the complete works of Shakespeare.);
(2) It was only making "fair use" of the material, discussed earlier;
(3) You delayed bringing the action for too long a period (so that it is barred by "laches" and/or the applicable statute of limitations);
(4) You or someone else (with proper authority) had authorized the use;
(5) "I didn’t know it was copyrighted" or "I am an innocent infringer". This defense does not play well in most circumstances, as even an innocent infringer may have liability. To help eliminate the innocent infringer defense you should always put a copyright notice on all documents.
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