you can in some situations argue that the way you infringed on their copyright should be allowed
That would be an argument made in court, pursuant to the balancing test. Thats how fair use is determined.
you can in some situations argue that the way you infringed on their copyright should be allowed
That would be an argument made in court, pursuant to the balancing test. Thats how fair use is determined.
DomeGuy@lemmy.world 2 days ago
That’s like asserting that a self-defense claim is an argument that you didn’t hit the other guy. You really did hit him (copyright infringement / assault), but you have a defense that admits the literal facts but absolves you of liability (fair use / self-defense.)
You don’t need to argue self-defense if you can convince the court that you didn’t actually hit the other guy.
setsneedtofeed@lemmy.world 2 days ago
The OP is asking about using portions of copy written works.