US EditionSecond Circuit Permits Sua Sponte Raising Of “Fair Use” Defense For Non-Appearing Defendant
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Second Circuit Permits Sua Sponte Raising Of “Fair Use” Defense For Non-Appearing Defendant
By Gregory Feit Consider the following scenario: A professional photographer sues a company for copyright infringement, alleging that the company displayed her copyright-protected photograph on its website without her authorization. Although properly served with the photographer’s complaint, the company never appears in the lawsuit. The photographer moves for a default judgment, but the court believes, […]
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