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: New York Supreme Court Criminal Term LibraryAmended Ninth Circuit Opinion: Defendant Bears Burden of Proving Copyright Fair Use in Preliminary Injunction Stage of Infringement Action
By David Badertscher, PLL
Source: Lexology, February 8, 2008.
In amended opinion, Ninth Circuit rules that defendant bears the burden of proving copyright fair use in preliminary injunction stage of infringement action
Thelen Reid Brown Raysman & Steiner
"Once a moving party has carried its burden of showing a likelihood of success on the merits during the preliminary injunction stage, the burden shifts to the non-moving party to show a likelihood that its affirmative defense of fair use will succeed."
Full post as published by New York Supreme Court Criminal Term Library on February 08, 2008 (boomark / email).
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