17.29 Copyright-Affirmative Defense-Limitation on Liability for System
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§ 107) One who is not the owner of the copyright may use the copyrighted work in a reasonable way under the circumstances without the consent of the copyright owner if it would advance the public interest. Such use of a copyrighted work is called a fair use.
The DMCA safe harbor provisions are affirmative defenses to copyright infringement.
At 361 (?To establish infringement, two elements must be proven: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.?); see also Seven Arts Filmed Entm't Ltd. v. Content Media Corp., 733 F. 3d 1251, 1254 (9th Cir.
Self-defense, however, is not an affirmative defense because the burden of proof always stays on the prosecutor in a self-defense claim.
A defense based on facts other than those that support the plaintiff's or government's claim. A successful affirmative defense excuses the defendant from civil or criminal liability, wholly or partly, even if all the allegations in the complaint are true.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.
