In copyright litigation, an infringement defendant may claim fair use as an affirmative defense. But the U.S. Court of Appeals for the Second Circuit recently ruled that a district court, on its own initiative, could raise a fair use defense for a defendant that hadn’t appeared in the case.
Second Circuit Ruling on Copyright Fair Use Defense and Infringement Lawsuit Default Judgments
In copyright litigation, an infringement defendant may claim fair use as an affirmative defense. But the Second Circuit recently ruled that a district court, on its own initiative, could raise a fair use defense for a defendant that hadn’t appeared in the case.
By
Stan Soocher
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