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  • Curington Law, LLC

Defending Against a Copyright Infringement Claim


If you are an attorney who represents clients in copyright infringement litigation, it is important to be aware of the various defenses that may be available to your clients. By understanding the potential defenses to copyright infringement, you will be in a better position to advise your clients and develop strategies for defending against infringement claims.


There are a number of different defenses that can be raised in response to a copyright infringement claim. Some of the most common defenses include:


The defense of fair use. Fair use is a doctrine that allows for the limited use of copyrighted material without the permission of the copyright holder. Fair use is determined on a case-by-case basis and depends on factors such as 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 on the potential market for or value of the copyrighted work.


The defense of innocent infringement. This defense applies where the infringer was not aware and had no reason to believe that their actions constituted infringement. In order for this defense to be successful, the infringer must also prove that they took reasonable steps to avoid infringing copyrights.


The defense of abandonment. This defense applies where the copyright holder has abandoned their rights in the work. In order for this defense to be successful, it must be shown that the copyright holder intended to abandon their rights and that there is no evidence of a contrary intention.

The public domain defense. This defense applies where the work at issue is in the public domain and therefore not subject to copyright protection. Works may enter the public domain due to expiration of the copyright term, failure to renew the copyright, or intentional abandonment by the copyright holder.


As an attorney who represents clients in copyright infringement litigation, it is important to be aware of potential defenses that may be available to your clients. By understanding these defenses, you will be in a better position to advise your clients and develop strategies for defending against infringement claims.


If you have copyright-related questions, feel free to contact Curington Law, LLC for more detailed information at (312) 766-6671 or online. We can help ensure that your copyrights are properly protected.

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