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:
“For the writer, there is nothing quite like having someone say that he or she understands, that you have reached them and affected them with what you have written. It is the feeling early humans must have experienced when the firelight first overcame the darkness of the cave. It is the communal cooking pot, the Street, all over again. It is our need to know we are not alone.”
—Virginia Hamilton (b. 1936)
“Massachusetts sat waiting Mr. Loring’s decision.... It was really the trial of Massachusetts. Every moment that she hesitated to set this man free, every moment that she now hesitates to atone for her crime, she is convicted. The commissioner on her case is God; not Edward G. God, but simply God.”
—Henry David Thoreau (1817–1862)
“I had often stood on the banks of the Concord, watching the lapse of the current, an emblem of all progress, following the same law with the system, with time, and all that is made ... and at last I resolved to launch myself on its bosom and float whither it would bear me.”
—Henry David Thoreau (1817–1862)