Comment Re:The author of the article is confused (Score 1) 227
Copyright law does not permit fair use. It is a valid defense against liability in court against a claim of infringement; in such a case, the user admits infringement but claims no liability due to fair use.
I'm not sure who came up with this line of bullshit, Jack Valenti's lawyers maybe, but it's not true. And no, it doesn't matter that Nolo press says so. Fair use is an exception to the exclusive rights granted by copyright law; if it is fair use it is not infringement. Establishing a claim of fair use is a complete defense to infringement.
17 USC 107, which codifies fair use, could not be clearer: "... the fair use of a copyrighted work... is not an infringement of copyright."