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by dragonwriter 1660 days ago
> Fair use is a defence to use in a lawsuit, after all, not a right

The statutory fair use defense codifies a Constitutional (First Amendment) limit on the copyright power found by the courts prior to the existence of the statutory defense, so it is both a defense and a right, specifically, the Constitutional right of free speech.

Lawsuit defenses, more generally, are assertions of rights, whether statutory, common law, or Constitutional.