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« on: August 16, 2013, 06:20:23 PM »
There is a clear cut definition of what is infringement, it is ALL infringement, but courts can decide on a case by case basis what is fair infringement. The law states that, I am summing up here, the copyright owner has exclusive rights to their works, exclusive being a key word though. This notion of Fair Use is very commonly misunderstood. It is NOT a part of the law the LAW is clear if you created it YOU own exclusive rights to it period. You do not even have to register with the government. Also remember that just because someone does something that is illegal does NOT magically make it legal and sometimes copyright owners either don't know about the infringement or they don't see it as a threat. Not taking action does not make it okay though and just because someone breaks the law does not make it legal all of a sudden.
The fair use doctrine is NOT law it is just a guide line the courts use when deciding a case, they can at ANY POINT choose to ignore the fair use doctrine and side with the copyright holder because that is what the law states. The courts often interpret laws in funny and contradictory ways.