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copyright_infringement [2016/03/30 17:29] – [Axanar's Defense] removed stub Carlos Pedrazacopyright_infringement [2016/09/25 22:30] – [Defense] punctuation fix Carlos Pedraza
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 ==== Defense ==== ==== Defense ====
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-//**__‘Fair use is tricky; it is literally decided on a case-by-case basis by the courts .’__**//+//**__« Fair use is tricky; it is literally decided on a case-by-case basis by the courts. »__**//
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 It should be noted, however, that fair use is tricky; it is literally decided on a case-by-case basis by the courts on the entirety of each set of circumstances. The same act done by different means or for a different purpose can gain or lose fair use status. Even repeating an identical act at a different time can make a difference due to changing social, technological, or other surrounding circumstances.((Samuelson, Pamela (2009). [[http://fordhamlawreview.org/assets/pdfs/Vol_77/Samuelson2_Vol_77_Apr.pdf|"Unbundling Fair Uses" (PDF)]]. Fordham Law Review 77.)) It should be noted, however, that fair use is tricky; it is literally decided on a case-by-case basis by the courts on the entirety of each set of circumstances. The same act done by different means or for a different purpose can gain or lose fair use status. Even repeating an identical act at a different time can make a difference due to changing social, technological, or other surrounding circumstances.((Samuelson, Pamela (2009). [[http://fordhamlawreview.org/assets/pdfs/Vol_77/Samuelson2_Vol_77_Apr.pdf|"Unbundling Fair Uses" (PDF)]]. Fordham Law Review 77.))
 ===== Axanar's Defense ===== ===== Axanar's Defense =====
 +<wrap lo>//See also: [[knowing_infringement|Knowing infringement?]]//</wrap>
 +
 +[{{ :burnett-wondercon.jpg?250|**RECIPE FOR DERIVATIVE WORK?** In a podcast interview, //Axanar// director Robert Meyer Burnett spells out how broadly the production searched for elements from copyrighted Star Trek works, potentially damaging the defense that its infringement wasn't willful or knowing. [[knowing infringement|Read more »]]}}]
  
 According to its second [[motion to dismiss]] the lawsuit, Axanar's evolving defense includes a claim of fair use.  According to its second [[motion to dismiss]] the lawsuit, Axanar's evolving defense includes a claim of fair use. 
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-Portions of this article were adapted from the articles **[[wp>Copyright_infringement|Copyright Infringement]]**, **[[wp>Limitations_and_exceptions_to_copyright|Limitations and Exceptions to Copyright]]** and **[[wp>Fair_use|Fair Use]]**.+Portions of this article were adapted from the articles **[[wp>Copyright_infringement|Copyright Infringement]]**, **[[wp>Limitations_and_exceptions_to_copyright|Limitations and Exceptions to Copyright]]** and **[[wp>Fair_use|Fair Use]]**. {{:axamonitor-ico.gif?nolink|}}
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 **Keywords** **Keywords**
 {{tag>copyright lawsuit fan_films}} {{tag>copyright lawsuit fan_films}}