Common defenses to copyright infringement include:
- Fair use
- Other equitable defenses
- First amendment
- Independent creation
- Implied license
- First-sale doctrine
Common remedies for copyright infringement include statutory damages, actual damages, injunction, seizure and attorney’s fees.
Attorney’s fees are a key consideration in copyright cases. Attorney’s fees are routinely awarded to prevailing parties in copyright cases, which is unusual in U.S. law. Attorney’s fees are also commonly awarded to a prevailing defendant, which is very unusual in U.S. law.