[ivory-search id=”8947″ title=”Custom Search Form”]

No criminal liability with negligent conduct in copyright law

Unlike civil actions in copyright disputes, where an offender who has committed copyright infringement can be held liable for a negligent act. Criminal offences in copyright are only punishable if they were committed wilfully. But dolus eventualis is sufficient. For example, if the offender had been warned that the use of a particular work was not permitted. Nevertheless, by using it, the offender accepts that they may infringe a copyright. This can be sufficient to claim dolus eventualis and the act will be punished by law.

Example: It has been indicated to a person that the use of a protected work is prohibited. If the person uses this work anyway he/she accepts a violation of the author’s copyrights. This is sufficient to consider this act as wilfully in the form of dolus eventualis and thereby as a criminal offence.

This site is registered on wpml.org as a development site.