Early Case Law
Secondary liability in copyright has come about with case-by-case decisions. In other words, there has not been any real or consolidated theory. Furthermore, patent and copyright cases have tended to cross-cite each other. Examples of this are cases such as Kalem Co. v. Harper Brothers (the producer of the movie Ben Hur (1907 film) didn't himself infringe, but was responsible for making and commercially distributing the infringing film), Shapiro, Bernstein and Co. v. H.L. Green Co. (a booth in a department store that sold infringing sound recordings and the store was ultimately held liable), and the so-called "dance hall" cases (the operator of an entertainment establishment was held liable because he had effective control of the premises and obtained a direct financial benefit derived from charging entrance fees to the public). The Copyright Act of 1790 did not provide a formal definition of infringement, stating only that “any person or persons who shall print or publish any manuscript, without the consent and approbation of the author or proprietor thereof… shall be liable to suffer and pay to the said author or proprietor all damages occasioned by such injury.” Furthermore, the Copyright Act of 1909 simply provided that any person who “shall infringe the copyright in any work protected under the copyright laws of the United States… shall be liable” for various remedies.
Despite the fact that the Copyright Act of 1909 did not explicitly establish liability for acts committed by a party different than the direct infringer, several cases decided under this Act set forth the guidelines under which a party may be deemed secondarily liable. Examples of the gradual recognition by courts of copyright liability extending to those who contribute to or vicariously profit from the infringing acts of others are Fishel v. Lueckel and Kalem Co. v. Harper Brothers.
Read more about this topic: Secondary Liability
Famous quotes containing the words early, case and/or law:
“On the Coast of Coromandel
Where the early pumpkins blow,
In the middle of the woods
Lived the Yonghy-Bonghy-Bo.
Two old chairs, and half a candle,—
One old jug without a handle,—
These were all his worldly goods:
In the middle of the woods,”
—Edward Lear (1812–1888)
“It was a maxim with Mr. Brass that the habit of paying compliments kept a man’s tongue oiled without any expense; and that, as that useful member ought never to grow rusty or creak in turning on its hinges in the case of a practitioner of the law, in whom it should be always glib and easy, he lost few opportunities of improving himself by the utterance of handsome speeches and eulogistic expressions”
—Charles Dickens (1812–1870)
“They who say that women do not desire the right of suffrage, that they prefer masculine domination to self-government, falsify every page of history, every fact in human experience. It has taken the whole power of the civil and canon law to hold woman in the subordinate position which it is said she willingly accepts.”
—Elizabeth Cady Stanton (1815–1902)