A de minimis defense against copyright infringement is difficult
A recent court found that where a copyright infringer used the entirety of a copyright holder's work that the de minimis defense doctrine does not apply (Bell v. Wilmott Storage Services, LLC, Sept 9, 2021 9th Cir.).
The de minimis defense focuses on the amount and substantiality of the copying in an attempt to determine "whether the infringing work and the copyrighted work are substantially similar so as to make the copying actionable". And, where the entire work was used, the defense is inapplicable.