INTRODUCTION

In the United States, copyright law is primarily economic in purpose. To encourage the creation and dissemination of original works of author- ship — for the benefit of the public at large — the government grants authors a limited monopoly in their works. The exchange is solely instru- mental. Authors are not rewarded on the basis of how hard they have worked,1 nor are they entitled to assert their “moral rights” except in nar- rowly defined contexts.2 Likewise, an infringer’s state of mind is irrele- vant to whether there is infringement, no matter how innocent the act of infringement.3 What matters is whether someone has encroached on the statutory rights of the author. If so, the law provides for certain penalties, in substantial part to compensate the author and thus maintain the au- thor’s incentive to create additional works in the future.