If a written work has been completed but has not been put into the public domain,fair use can never be used as a defense if the work is copied or used by another.

Question

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Fair use may still be a defense even if the work is not in the public domain, as long as the use falls under one of the four factors of fair use (purpose and character of the use, nature of the copyrighted work, amount and substantiality of the portion used, and effect on the market for the original work). However, the lack of being in the public domain may limit the scope of fair use.

If a Written Work Has Been Completed but Has Not