@supercat "Copyright infringement is a strict liability offense, meaning “intent or knowledge is not an element of infringement.” Fitzgerald Publ'g. Co. v. Baylor Publ'g. Co., 807 F.2d 1110, 1113 (2d Cir. 1986). I think this disposes of any idea that some infringements thst do not qualify as fair uses but are of tiny economic value are automatically allowed by a de minimis exception.
@DavidSiegel If a particular inclusion of copyright material within another work would constitute Fair Use, would a Cease and Desist letter with regard to the included material have any legal effect? Are there times when continued use of copyrighted material following a Cease and Desist letter would be legally actionable, but legal action against someone who complies with such a letter or is never issued someone would have no realistic likelihood of success?
@supercat Legally a Cease&desist letter is just a request backed by a threat of legal action, it has no legal force of its own. If a use of content is in fact a fair use, it is not an infringement and neither a demand letter nor an actual suit will have any legal effect. However, one never really knows if a use is a fair use until a court rules on the issue. [...]
@supercat [...] If one uses someone else's work without permission in a way which is not fair use, the owner may choose to bring suit and might get a judgement. If the infringer ceases to use the work on getting a demand letter (C&D) the owner will often not choose to bring suit, and may get reduced damages if suit is brought. But such use is infringement, and once infringement has occurred, the owner may proceed with a suit if s/he chooses to.
Discussion on answer by David Siegel:…
Discussion on answer by David Siegel:…