17.30 Copyright-Affirmative Defense-Limitation on Liability for Information Residing on Systems or Networks
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FAQ
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.
The DMCA safe harbor provisions are affirmative defenses to copyright infringement.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.
17 U.S.C. 512(f ). Potential plaintiffs under Section 512(f ) include both users (who may be injured by a copyright owner's misrepresentation that particular material is infringing) and copyright owners (who may be injured by a user's misrepresentation that the material was wrongly removed).
§ 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.
Enacted in 1998 as part of the Digital Millennium Copyright Act (DMCA), section 512 established a system for copyright owners and online entities to address online infringement, including limitations on liability for compliant service providers to help foster the growth of internet-based services.
