3 ms·
I think it makes a difference, because it shifts the burden of proof. If fair use is a kind of infringement, then it’s up to the “infringer” to prove fair use.
by munchler 3y ago
I think it makes a difference, because it shifts the burden of proof. If fair use is a kind of infringement, then it’s up to the “infringer” to prove fair use. I think that’s ethically and legally backwards: the copyright holder should have to prove that the use was not fair.
- deleted 3y ago[deleted]
- ska 3y agoEthics aside, and again US specific, but the supreme court literally defines it as an affirmative defence. Even this is a bit murky though, as a district court has argued it goes beyond that.