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:
““Never hug and kiss your children! Mother love may make your children’s infancy unhappy and prevent them from pursuing a career or getting married!” That’s total hogwash, of course. But it shows on extreme example of what state-of-the-art “scientific” parenting was supposed to be in early twentieth-century America. After all, that was the heyday of efficiency experts, time-and-motion studies, and the like.”
—Lawrence Kutner (20th century)
“Stella, take these binoculars out of the case and bring them here, will ya? Trouble. I can smell it.”
—John Michael Hayes (b. 1919)
“Nobody dast blame this man.... For a salesman, there is no rock bottom to the life. He don’t put a bolt to a nut, he don’t tell you the law or give you medicine. He’s a man way out there in the blue, riding on a smile and a shoeshine. And when they start not smiling back—that’s an earthquake. And then you get yourself a couple of spots on your hat, and you’re finished. Nobody dast blame this man. A salesman is got to dream, boy. It comes with the territory.”
—Arthur Miller (b. 1915)