Libraries are exempted from statutory damages if they had a good faith belief that their usage was Fair Use. The published opinion defers the question of exempt

Libraries are exempted from statutory damages if they had a good faith belief that their usage was Fair Use. The published opinion defers the question of exemption. Statutory damages are the most significant risk to IA's finances, both in this case but also wrt other potential plaintiffs who might be waiting in the wings. Exemption almost certainly figured into IA's risk assessment when designing and deploying their loan program. The argument for exemption is, naturally, stronger than for Fair Use.