Direct infringement is a strict liability offence and guilty intention is not essential to fix criminal liability. The requirements to establish a case of copyright infringement under this theory are:
(1) Ownership of a valid copyright; and
(2) Copying or infringement of the copyrighted work by the defendant.

(1) Ownership: The first condition for the successful pleading of a case of copyright infringement is the establishment of the ownership of copyright. The copyright vests in that person who creates it and it do not require any registration formalities. Thus, the moment a copyrighted work is made, the copyright is gained and acquired. The same may, however, be made in the course of employment and under a contract of services and for a valuable consideration. In that case the copyright will vest in the person hiring the services.

(2) Infringement: The second condition for establishing direct infringement is the infringement of the copyright. A copyright is infringed if the rights exclusive to the copyright holder are exercised by some other person without her permission. The only exception to this is the “fair use exception”. Thus, unless the use of copyright falls under fair use category, any exercise of the exclusive rights of the copyright holder will be a copyright infringement.

Thus, a person who innocently or even accidentally infringes a copyright may be held liable under the Copyright Act of the U.S. and under the laws of various other countries. The guilty intention of the offender can be taken into account for determining the quantum of damages to be awarded for the alleged infringement.

END OF PART XI.
TO BE CONTINUED.

ALL RIGHTS RESERVED WITH THE AUTHOR.