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No, US copyright law treats fair use as a defense: http://en.wikipedia.org/wiki/Fair_use#Fair_use_as_a_defense.


Right, but a fair use isn't an infringement.

> This means that, in litigation on copyright infringement, the defendant bears the burden of raising and proving that his use was "fair" and not an infringement. [emphasis mine]

Just like in a murder trial where the defendant clearly killed the victim, the defendant must prove that he or she acted in self-defense. That doesn't mean that self-defense is murder.




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