GCFA · Question #133
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 A. Yes. Under copyright law, ignorance is not a valid defense. Copyright protection is automatic the moment an original work is created and fixed in a tangible medium - no registration or notice is required. The legal principle 'ignorantia juris non excusat' (ignorance of the law is no…
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
- AYes
- BNo
How the community answered
(16 responses)- A81% (13)
- B19% (3)
Explanation
Under copyright law, ignorance is not a valid defense. Copyright protection is automatic the moment an original work is created and fixed in a tangible medium - no registration or notice is required. The legal principle 'ignorantia juris non excusat' (ignorance of the law is no excuse) applies here. Sarah is still liable for copyright infringement regardless of her intent or knowledge. The copyright holder can pursue civil remedies (and in some cases criminal penalties) against her even though she was unaware she was infringing. This is why it is the publisher's responsibility to verify that they have the rights to any content they distribute.
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