Court also found that Plaintiffs failed to raise a question of fact regarding whether Netcom's policy of either enforcing or not enforcing violations of copyright laws financially benefited Netcom therefore the claim for vicarious liability must fail. Innocent Infringers Provision Allows for reduction of damages. Not all uses of copyrighted materials are infringing. This provision lists acceptable uses of copyrighted works and four factors to be considered when determining fair use. In order to use fair use exception, must possess authorized copy.
Court considers the four factors in determining fair use.
Sega Religious Technology Center v. Netcom On-line Communications Services, Inc . The District Court in California, after a detailed analysis of fair use, did not find that Netcom's use was fair as a matter of law. Trademark Infringement and Unfair Competition Trademark Infringement Covered by U.S. Trademark law. Unfair Competition Claims under the Lanham Act must establish that the public is likely to be confused by the similar marks.