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:
“They circumcised women, little girls, in Jesus’s time. Did he know? Did the subject anger or embarrass him? Did the early church erase the record? Jesus himself was circumcised; perhaps he thought only the cutting done to him was done to women, and therefore, since he survived, it was all right.”
—Alice Walker (b. 1944)
“Instructing in cures, therapists always recommend that “each case be individualized.” If this advice is followed, one becomes persuaded that those means recommended in textbooks as the best, means perfectly appropriate for the template case, turn out to be completely unsuitable in individual cases.”
—Anton Pavlovich Chekhov (1860–1904)
“Most magazines have that look of being predestined to be left which one sees on the faces of the women whose troubles bring them to the Law Courts.”
—Rebecca West (1892–1983)