What is Innocent Infringement?

To explain consider a true story about innocent infringement. You can read exactly what was said by the judge and the problems that he faced.

A Court Case on the Topic of Infringement. Playboy v Frena

Playboy claimed the defendants were infringing on their copyright because of a copyrighted photo was posted to their Bulletin Board Service. Actually what had happened was a subscriber had taken the photos and uploaded them. Seems innocent enough.

I can imagine the defense.

Innocent Copywriter Infringement Defendant: Your Honor, we were in the Bahamas researching the effects of solar energy on bare skin bathing beauties. We had no idea that someone had posted the photos. Besides, if you have seen one naked body, you have seen them all. How were we to know that it was stolen.

They were found guilty even though they had not uploaded the pictures and were unaware of there being there, at least until they were notified that they had to show up in court.

The court ruled that: “...intent or knowledge is not an element of infringement, and thus even an innocent infringer is liable for infringement...”

So there is a potential to be guilty of infringement even if you have not done anything wrong. Do not despair. there is a solution.

Copyright laws were written to protect authors and artists. There are other laws to protect you from innocently becoming guilty of a crime. You do have to take some steps to protect yourself.

The first requirement is education. It is necessary to learn how to protect yourself. You do not need a law degree. You do need to learn some common law so as to have some common sense.

Remember, common is relative.

How can I prevent copyright infringement?

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