If a person accidentally or unintentionally uses copyrighted material, does the copyright holder have a legitimate claim for infringement?
Question 26 options:
Yes. Intent to infringe is not an element to a copyright action. Of course, damages will not be as great as if intent is proven.
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Yes. The copyright holder is limited to suing only for an injunction and cannot collect money damages if intent is not proven.
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No. An accidental or unintentional use of copyrighted material is an affirmative defense in a copyright infringement case.
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| No. Federal law requires the copyright holder to prove intentional misuse. |