17.31 Copyright-Affirmative Defense-Limitation on Liability for Information Location Tools is an affirmative defense and limitation on liability for copyright infringement, specifically related to information location tools. Information location tools are services that allow users to locate and access content from the internet and other online databases. This affirmative defense protects service providers from copyright infringement liability when they enable users to locate and access material that is hosted online. It also limits the liability of service providers for infringing activities by users of their services. There are two types of 17.31 Copyright-Affirmative Defense-Limitation on Liability for Information Location Tools. The first is the “Safe Harbor” provision, which protects service providers from liability for copyright infringement when they are unaware of infringing material hosted on their networks or services. The second is the “Limitation on Liability” provision, which limits the liability of service providers for infringing activities of their users.
17.31 Copyright-Affirmative Defense-Limitation on Liability for Information Location Tools
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FAQ
A defense based on facts other than those that support the plaintiff's or government's claim. A successful affirmative defense excuses the defendant from civil or criminal liability, wholly or partly, even if all the allegations in the complaint are true.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.
§ 107) One who is not the owner of the copyright may use the copyrighted work in a reasonable way under the circumstances without the consent of the copyright owner if it would advance the public interest. Such use of a copyrighted work is called a fair use.
Self-defense, however, is not an affirmative defense because the burden of proof always stays on the prosecutor in a self-defense claim.
At 361 (?To establish infringement, two elements must be proven: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.?); see also Seven Arts Filmed Entm't Ltd. v. Content Media Corp., 733 F. 3d 1251, 1254 (9th Cir.
The DMCA safe harbor provisions are affirmative defenses to copyright infringement.