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Fair Use Defense

Fair Use Defense Law Firm – Certain uses of protected copyrighted content can be used legally in your blogs and Youtube videos as a fair use.  Certain uses of software may be deemed a fair use.  Content holders have to consider the “Fair Use Defense.”

Introduction

This blog highlights our services in the area of fair use copyright and trademark law.  We can help assert claims as a Plaintiff (rights holder) counsel, or defend against unfair and bad faith youtube DMCA takedown letters and counter-notification process.

What is fair use?

Here are the 4 factors a court will weigh whenever looking at a fair use defense claim.  Note: this is something every Plaintiff lawyer should review before asserting a copyright infringement claim.  If not, you could find yourself on the long winding road to defeat.

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

Does fair use apply to both copyright and trademark cases?

Yes.

Example from a recent New York Youtube case finding no infringement (fair use applied)

Did you receive a DMCA takedown notice?  Our legal services

How to fight back against bad faith DMCA take down notices

Contact a Fair Use Attorney

We can help review your case whether you are the copyright or trademark rights holder, or defending against a cease and desist letter, DMCA take down notice, copyright infringement letter, federal court subpoena or any arbitration, mediation, or litigation case.  We also handle software infringement cases that may involve fair use of Autodesk, Siemens, Microsoft, Adobe, CNC, Vero, or some other software.  Call us at (877) 276-5084.