Copyright Infringement
Defense to infringement
I was making a “fair use" of the work. In the United States, "fair use" allows things such as commentary, parody, research, education, and news reporting, about copyrighted works to be used without the permission of the author as a part of your freedom of speech, if the work is referenced to the source. Fair use generally means using only a short excerpt with a reference to the source. Courts decide if fair use applies on a case-by-case basis.
Extenuating circumstances that may mitigate the damages awarded by a court
-
I had no intent to infringe. This is not a defense but it may lessen damages.
-
I do not charge to use my website and I do not sell anything on the website. If you do not make money from use of the infringement, it may lessen the damages.
-
The work has no commercial value. In this case, the infringement is mostly technical and will probably not result in legal action.