Which statement about intent and copyright infringement is true?

Which statement about intent and copyright infringement is true?

• A. Intent is always required for infringement.
• B. Only willful intent matters.
• C. Intent determines damages only.
• D. Courts treat infringement as strict liability; intent is not a defense.

Answer: (D)

The key idea is that civil copyright infringement is treated as a strict-liability issue: liability arises if someone copies a protected work without permission, regardless of whether they intended to infringe. In other words, you don’t have to prove the infringer knew or intended to infringe for liability to attach. That’s why this statement is the best: courts don’t require intent to establish infringement. Intent can matter for what happens after liability is found. If infringement is willful, the infringer may face higher damages or the possibility of attorneys’ fees, and certain remedies may be pursued more aggressively. But willfulness does not change the fact that copying a protected work without permission can be infringement even if there was no intent to copy. Defenses like fair use or a valid license can defeat infringement regardless of the infringer’s intent.

The key idea is that civil copyright infringement is treated as a strict-liability issue: liability arises if someone copies a protected work without permission, regardless of whether they intended to infringe. In other words, you don’t have to prove the infringer knew or intended to infringe for liability to attach. That’s why this statement is the best: courts don’t require intent to establish infringement.

Intent can matter for what happens after liability is found. If infringement is willful, the infringer may face higher damages or the possibility of attorneys’ fees, and certain remedies may be pursued more aggressively. But willfulness does not change the fact that copying a protected work without permission can be infringement even if there was no intent to copy. Defenses like fair use or a valid license can defeat infringement regardless of the infringer’s intent.