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CISSP-ISSMP · Question #207

Sarah has created a site on which she publishes a copyrighted material. She is ignorant that she is infringing copyright. Is she guilty under copyright laws?

The correct answer is B. Yes. Yes - Sarah is guilty of copyright infringement even if she was unaware she was violating copyright law. Copyright infringement is a strict liability offense in most jurisdictions, meaning intent or knowledge is not required to establish guilt. The legal principle 'ignorantia jur

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Question

Sarah has created a site on which she publishes a copyrighted material. She is ignorant that she is infringing copyright. Is she guilty under copyright laws?

Options

  • ANo
  • BYes

How the community answered

(53 responses)
  • A
    8% (4)
  • B
    92% (49)

Explanation

Yes - Sarah is guilty of copyright infringement even if she was unaware she was violating copyright law. Copyright infringement is a strict liability offense in most jurisdictions, meaning intent or knowledge is not required to establish guilt. The legal principle 'ignorantia juris non excusat' (ignorance of the law is no excuse) applies here. While her lack of intent might reduce damages in some cases (courts may treat it as 'innocent infringement' and reduce statutory damages), she is still legally liable for the infringement. Publishing copyrighted material without authorization is a violation regardless of her subjective state of mind.

Topics

#Copyright infringement#Intellectual property law#Legal compliance#Ignorance of law

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