Welcome to Your Intellectual Property Attorney

Washington Fair Use Defense Attorney

Searching for a Washington copyright attorney to evaluate a fair use defense—or to assess whether someone else’s use of your work is legally permissible? When copyright infringement is alleged (or when you’re considering enforcement), fair use is often the central question that determines risk, leverage, and the most cost-effective path forward. We help clients apply the fair use framework to real-world facts, assess exposure, and choose next steps before disputes escalate into intellectual property litigation.

Fair use is a fact-intensive analysis. The same work can be lawful in one context and infringing in another depending on why it was used, how much was taken, and the impact on the market for the original. Whether you’re a creator, publisher, software company, marketer, educator, or startup, we help translate the four statutory factors into practical guidance you can act on.

How fair use is evaluated

Courts typically weigh four non-exclusive factors: (1) the purpose and character of the use (including whether it is “transformative” and whether it is commercial), (2) the nature of the copyrighted work, (3) the amount and substantiality of what was taken, and (4) the effect of the use on the market for the original. Because these factors interact, we focus on building the most persuasive narrative supported by the specific facts, documents, and business context.

How we help

• Pre-dispute fair use assessment: evaluate risk before publishing, launching, reposting, training, or distributing content that may incorporate third-party materials.
• Defense planning: analyze demand letters and infringement claims, identify defenses (including fair use), and craft a response strategy designed to reduce cost and exposure.
• Enforcement-side evaluation: assess whether a target use is likely protected by fair use and whether enforcement aligns with your legal and business goals.
• Licensing and permissions: where fair use is uncertain or business risk is high, pursue licenses, releases, or alternative deal structures.
• DMCA strategy: evaluate takedown and counter-notice options when platform removals affect operations or reputation.

Common fair use scenarios

• Commentary, criticism, or news reporting using excerpts for discussion or analysis
• Parody and satire where the new work conveys a distinct message or meaning
• Education and training materials with limited excerpts and proper context
• Product demos, marketing, and social media where copying can create unexpected risk
• Internal business uses (presentations, decks, documentation) that may still implicate copyright

The goal isn’t simply to label something “fair use”—it’s to understand how a court is likely to view the use, what evidence matters, and what path best protects your business. When appropriate, we also help clients modify content, narrow uses, add attribution and context (where helpful), or pivot to a licensing solution that reduces uncertainty.

Get basic copyright law guidance before scheduling a consultation

If you’re still evaluating your options, try our custom (experimental) RAG copyright chatbot for general, educational information about common copyright issues—such as what qualifies as copyrightable subject matter, how fair use is commonly analyzed, ownership and authorship questions, licensing and permission considerations, and DMCA takedown and counter-notice procedures. When you’re ready to discuss your specific facts, risks, and goals, you can schedule a meeting with Mitchell.