To fully understand the nature of fair use, let us first discuss the copyright system, particularly the concept of infringement vis-a-vis fair use. Here, we set out the protected rights under the Intellectual Property Code, violations thereof, and exceptions thereto.

This series challenges the notion of fair use as an affirmative defense. Such treatment not only runs contrary to the language of the law, it is also repugnant to the historical and Constitutional objective of copyright—to promote the diffusion of knowledge for the benefit of the public. To restore the balance, fair use and infringement must be viewed as two sides of the same coin. It is therefore impossible to determine infringement without inquiring into the possibility of fair use.

When there is a vehicular accident, the driver, if there is fault or negligence on his part, is obliged to pay for the damages caused by his or her act or omission. What if there is no driver, who pays?