Re: Proposed Guidelines Regarding Unauthorized Use of Copyrighted Assets
Fair use will absolutely fall into play here. It cannot and will not protect larger-scale copyright infringements, but for smaller and less egregious stuff, or where assets are clearly not directly used for profit (financial or otherwise), then yes, that's potentially an affirmative defense.
My impression of this is that fair use will cover some things, but invoking is not a get-out-of-trouble-free card.
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