“The Viability of the Innocent Infringement Defense in Music Downloading Cases”On December 1, 2010 by Schnader
Joan T. Kluger and Elizabeth Nicolas co-authored the article, “The Viability of the Innocent Infringement Defense in Music Downloading Cases,” published in Bloomberg Law Reports – Intellectual Property, Vol. 4. No. 47 and in Bloomberg Law Reports – Technology Law, Vol. 2 No. 24. Millions of Americans have illegally downloaded and shared Internet music files. With the simple click of a mouse, they have broken the law. It is likely that many of them did not realize their actions were a violation of the U.S. Copyright Act. But is that lack of knowledge sufficient to invoke the “innocent infringer” defense?