Yes. Fair use is known as an affirmative defense, which basically means you're saying "yes, I did do that, but..." Insanity is also an affirmative defense.
Because "fair use" must be proven as a defense to copyright infringement, if it cannot be proven, and there is no other defense, then failure to qualify as fair use will result in the same damages as any other infringement.
Unless you own the copyright, or you have a license, or qualify under the defense of "fair use", or other legal exception, then it is a copyright infringement to duplicate or publish works that belong to others.
Fair use is a statutory or common law defense to infringement of copyright, which arises by determination that the alleged infringement does not harm the copyright owner and does not unfairly enrich the infringer.
Infringement is the use, without permission, of copyrighted material that does not fall under a "fair use" or other exception to copyright law,
Fair use is a defense for an accusation of infringement; the ideal consequence would be being found not guilty.
Not necessarily, although they would have a reasonable chance of a fair use defense. When relying on fair use, however, it is important to remember that it's not only the amount of the portion used, but also the substantiality of the portion: if the line you recycle is the heart of the original poem, you might have trouble with the fair use defense.
Fair use
Aneeta Brown has written: 'Copyright law for the church' -- subject(s): Church newsletters, Copyright infringement, Fair use (Copyright)
No. Unless a "fair use" exception applies use of someone elses copyrighted property without permisson is the definition of copyright infringement.
I have not received a notice of copyright infringement related to the use of spectrum.
Infringement is the use, without permission, of copyrighted works when that use does not qualify for an exception to current law (i.e "fair use")
Fair use is a small part of copyright law that allows certain unlicensed uses of protected works. If you use protected works, without a license, in a manner not addressed by the fair use clause (in other words, if your use is not fair), your use would be infringing. Copyright infringement is punishable by fines ranging from $750 to $30,000.