0

The question Legal status of "no copyright infringement intended" has an answer that states in part,

Ultimately, I don't think such a notice does anything to aid the defendant's argument that they "should not have known" their use was infringing. Nor do I think it furthers an argument of "reasonable and good faith belief" by the defendant: ...

I have a follow-up question regarding this: if a person stated "no copyright infringement intended" and then when sued, claimed a fair use defence which was not accepted, would the intent of fair use supersede the statement of awareness?

The aforequoted answer seems to suggest any awareness of copyright existence prior to actual infringement amounts to willful infringement. Put another way, does the (overt) intent to use copyright material justifiably under fair use supersede the implication of unjustifiable intent?

3
  • @apsillers can you offer commentary, or even better, expand your answer from the other question to handle this one as well?
    – Nij
    Oct 5 '16 at 8:36
  • 1
    Isn't it a question of whether the infringer had a reasonable belief that the use was "fair"? If the person claims fair use unreasonably, that won't help at all.
    – phoog
    Oct 5 '16 at 19:40
  • @phoog suppose an honest intent of fair use which is not correctly carried out. Trying to obfuscate the decision by claiming fair use when everybody knows it wouldn't and couldn't be, has an obvious outcome, I think.
    – Nij
    Oct 5 '16 at 21:20

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.