Copyright Infringement — Vicarious Infringement is an infringement of a copyright that occurs when a person or entity is held liable for another person's copyright infringement when they had the right and ability to control the infringing activity, but did not take action to stop it. It is a form of secondary liability, meaning that the person or entity is held accountable for the infringing actions of another. There are two types of Vicarious Infringement: direct and contributory. Direct Vicarious Infringement occurs when a person or entity has the right and ability to supervise the infringing activity, and receives a financial benefit from it. Contributory Vicarious Infringement occurs when a person or entity has knowledge of the infringing activity and has the right and ability to stop it, but does not take action to do so.
Copyright - Infringement - Vicarious Infringement
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FAQ
Secondary copyright infringement is a legal theory that permits a person to be held responsible for copyright infringement, even though they didn't engage in the actual infringement activities themselves. It involves the defendant causing, compelling, or contributing to material copyright infringement activities.
A quick definition of Vicarious Infringement: Vicarious infringement is when someone is held responsible for someone else's actions of copyright or trademark infringement. This happens when the person had the power to control the infringing activity and had a financial interest in it.
Contributory infringement is based on tort law principles of enterprise liability and imputed intent, while vicarious infringement is based on agency principles of respondeat superior. Both forms of liability require proof of an underlying direct infringement claim.
Difference from vicarious liability The requirements for attracting vicarious liability under copyright law are: The defendant had the right to control the infringing activity; and. The defendant derives a financial or commercial benefit from the infringement.
Vicarious Liability To be found vicariously liable the party must have both the right and ability to supervise or control the infringing action of the direct infringer, and a direct financial benefit from the infringing activity. Actual knowledge of the infringement is irrelevant in a vicarious liability determination.
Vicarious infringement is most commonly identified as having two elements: the defendant must have had both (1) the ?right and ability to supervise the infringing activity? and (2) ?a direct financial interest? in the activity. A&M Records, Inc. v. Napster, Inc., 239 F.