Cynthia hates writing term papers and reports so when she receives an assignment to write a paper for her law class,she calls her friend Stephanie and agrees to pay Stephanie to write the paper for her.Stephanie,instead of writing the paper,copies a paper from a small remote law journal that publishes faculty written papers from throughout the world on-line.When the plagiarism is discovered,an infringement claim is brought.Cynthia is guilty of:

Question

Quizplus · Accepted Answer

Cynthia is guilty of vicarious infringement, which occurs when a person has the right and ability to control the infringing activity and derives a direct financial benefit from it. In this case, Cynthia paid Stephanie to write the paper, had the ability to control how it was written, and benefited directly from Stephanie's actions. Even though Stephanie actually committed the act of plagiarism, Cynthia is still held responsible as a result of her control and benefit from the infringement.

Cynthia Hates Writing Term Papers and Reports So When She