Are there any defenses to a claim of copyright infringement?

Yes, it is possible to provide a defense to a claim of copyright infringement. In Wisconsin, there are several potential defenses to a copyright infringement claim. One of the main defenses to copyright infringement is fair use. Fair use is a defense that allows people to use a certain amount of work without permission from the original author or creator. The four factors that are used to determine if a work qualifies as “fair use” are the purpose and character of the use, the nature of the original copyrighted work, the amount of the copyrighted work used, and the effect of the use on the potential market or value of the copyrighted work. Another defense to a claim of copyright infringement is the “idea/expression” dichotomy. This defense states that ideas cannot be copyrighted, only the expression of them. The expression of the idea must also be unique in order to be protected. The defense of “public domain” may also be used in cases of copyright infringement. This defense states that once work falls into the public domain, it can be used without permission from the author or creator. Finally, the defense of “innocent infringement” may be used in copyright infringement cases. This defense states that the infringer had no knowledge that the work was protected by copyright. Ultimately, it is important to understand the laws and defenses surrounding copyright infringement in order to make sure that any potential use of a work without permission is in compliance with the law.

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