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1·Furthermore, fair use is an affirmative defense, meaning that you would have to prove that your use was fair after you have been sued.

更近一步说，合理使用是一种积极抗辩，这意味着被起诉后，你需要证明你的使用是合理的。

2·It should be noted that liability insurance (or even a liability waiver) might not offer protection (or an affirmative defense) if a suit is filed.

应当指出，若诉讼被提交，则责任险(或甚至责任豁免)不提供保障(或积极抗辩)。