Copyright Status: This website and its content is copyright of The Clay Connection - © www.theclayconnection.org 1991-2010. All rights reserved.
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Content Notice: The information contained in this website is for general information purposes only. The information is provided by The Clay Connection and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
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Good Faith Fair Use [17 USC 504(c)(2)](2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was:
(i) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or
(ii) a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a public broadcasting entity (as defined in subsection (g) of section 118) [1] infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a work.
What is “fair use”?Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for certain purposes, such as commentary and criticism, nonprofit educational purposes, or parody. This principle recognizes that society can often benefit from the unauthorized use of copyrighted materials, when the use furthers scholarship and education or informs the public.
Fair use is a defense against a claim of copyright infringement. “Fair use” is infringement (i.e., an unauthorized use of a copyrighted work), but it is a form of infringement that courts excuse due to its greater social benefit. If a copyright owner challenges someone’s infringing use of a work in court, and the court determines that the use is “fair use,” then the infringer will not face any legal consequences.

