What are Defenses to a Copyright Infringement Claim?

What are Defenses to Copyright Infringement?

The following may be asserted as 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

For more information, see our copyright litigation and copyright infringement defense services page and our copyright and software practice page.

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

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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Law, FAQ, CopyrightsLindsey LeistKlemchuk PLLC