If a person accidentally or unintentionally uses copyrighted material,does the copyright holder have a legitimate claim for infringement?
A) 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.
B) Yes. The copyright holder is limited to suing only for an injunction and cannot collect money damages if intent is not proven.
C) No. An accidental or unintentional use of copyrighted material is an affirmative defense in a copyright infringement case.
D) No. Federal law requires the copyright holder to prove intentional misuse.
Correct Answer:
Verified
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