Moral Reflections on Strict Liability in Copyright
نویسندگان
چکیده
Accidental infringement of copyright is a pervasive and largely ignored problem. In the twenty-first century, it has become increasingly easy to infringe unintentionally. When such accidental occurs, law holds user strictly liable. Prior literature questioned whether strict liability standard normatively defensible. particular, prior asked ought be reformed for economic reasons.
 This Article examines problem from new perspective. It considers fair hold users liable infringements copyright. argues that not because results in being held accidents which they are morally responsible. Using moral philosophy on responsibility, this explores our intuitions surrounding copyright’s order better understand why context seems “harsh” “inequitable.” turn, provides an argument reforming rule adopting negligence standard. then that, within United States, proposed reform should accomplished by modifications existing use doctrine.
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ژورنال
عنوان ژورنال: Columbia Journal of Law and the Arts
سال: 2021
ISSN: ['2161-9271', '1544-4848']
DOI: https://doi.org/10.52214/jla.v44i2.7821