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This paper defines tolerated use and discusses the reasons it exists.  Tolerated use is defined as “infringing usage of a copyrighted work of which the copyright owner

may be aware, yet does nothing about.”  There are many different reasons, why this may be.  Some examples include “simple laziness or enforcement costs, a desire to create goodwill, or a calculation that the infringement creates an economic complement the copyrighted work -- it actually benefits the owner.”  Tolerated use is compared to implicitly licensed use as well as fair use.  It explains how the difference between tolerated use and implicitly licensed use is legal, whereas the difference between tolerated use and fair use is fuzzy.  This is because of a lack of fair use trials against casual mass infringements that leaves fair use not completely “mapped out.”