What are Defenses to a Claim for Copyright Infringement?

The following are potential defenses to a copyright infringement claim:

Fair use

Independent creation

Innocence (not a defense to liability but reduces damages)

License

Authorization

Copyright misuse

Limitations

Invalid copyright

Lack of originality/scenes a faire

Common source/no infringement

Joint ownership

Lack of ownership

Unclean hands

Estoppel

Failure to register

Waiver

Abandonment

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This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

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