Are there any defenses to a claim of copyright infringement?

Yes, there are defenses to a claim of copyright infringement in New Jersey. The first is fair use. Fair use allows the use of copyrighted material for limited purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. This includes using the material in educational and personal settings. The purpose and nature of the use, the amount used, and the potential effect on the market all come into play when determining if the use is fair or not. The second defense is called de minimis use. This applies to cases where the copyrighted material used is so small or insignificant that it has no effect on the market for the original work. For example, quoting a few lines from a book or using small portions of a song in a video would likely be considered de minimis use. The third defense is called independent creation. This applies if the alleged infringer created the work on their own without reference to or copying of the original copyrighted work. They must be able to prove that the work is entirely their own creation. Finally, there is an affirmative defense called laches. This applies if the copyright owner waited too long to bring a claim of infringement. If the owner did not act quickly enough to protect their copyright, then they may not be able to collect damages from the alleged infringer. These are some of the defenses available to a claim of copyright infringement in New Jersey. Ultimately, each case will need to be evaluated individually to determine which defenses apply.

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