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Secondary liability, or indirect infringement, arises when a party materially contributes to, facilitates, induces, or is otherwise responsible for directly
Secondary_liability
Extended liability to parties that had to control violators
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility
Vicarious_liability
US law vetoed by Obama but overridden
the legal doctrine of foreign sovereign immunity, and establishes secondary liability for aiding and abetting in an act of international terrorism committed
Justice Against Sponsors of Terrorism Act
Justice_Against_Sponsors_of_Terrorism_Act
Form of secondary liability in copyright law
Contributory copyright infringement is a way of imposing secondary liability for infringement of a copyright. It is a means by which a person may be held
Contributory copyright infringement
Contributory_copyright_infringement
Legal doctrine of joint liabilty
basis of being part of a shared enterprise. Enterprise liability is a form of secondary liability. Suppose high-risk manufacturing activities are shunted
Enterprise_liability
1998 U.S. federal law
make unauthorized copies) as well as shielding them from potential secondary liability for the infringing acts of others. OCILLA was passed as a part of
Online Copyright Infringement Liability Limitation Act
Online_Copyright_Infringement_Liability_Limitation_Act
Laws that create liability for business entities
Corporate liability, also referred to as liability of legal persons, determines the extent to which a company as a legal person can be held liable for
Corporate_liability
Wireless community network initiative
called Freifunk Freedom Fighter Box. The project fights secondary liability: Secondary liability is the legal situation that makes the owners of open /
Freifunk
Legal term
without any such contract of suretyship, there is a primary and a secondary liability of two persons for one and the same debt, the debt being, as between
Guarantee
2010 United States district court case
of fact. The RIAA based their infringement claims on theories of secondary liability, which may be imposed on a party that has not directly infringed
Arista Records LLC v. Lime Group LLC
Arista_Records_LLC_v._Lime_Group_LLC
Distinct text-only typographic
doctrine Initial interest confusion Good-faith doctrine Fair use Secondary liability Nominative use Disparagement Reputation parasitism Cybersquatting
Wordmark
model as being evidence showing a criminal intent and venture. A secondary liability case in Australia, under Australian law, was Universal Music Australia
Legal_aspects_of_file_sharing
2011 US legal case
provisions, which conditionally shield online service providers (OSPs) from liability for copyright infringement. To qualify for protection, the OSP must, among
Capitol Records, Inc. v. MP3Tunes, LLC
Capitol_Records,_Inc._v._MP3Tunes,_LLC
US form of a private limited company
A limited liability company (LLC) is a United States-specific form of a private limited company. It is a business structure that can combine the pass-through
Limited_liability_company
American legal case
2d 304 (2d Cir. 1963), was a landmark case dealing with secondary liability (vicarious liability) for copyright infringement. The law in question was Section
Shapiro, Bernstein and Co. v. H.L. Green Co.
Shapiro,_Bernstein_and_Co._v._H.L._Green_Co.
Type of organization run via blockchain
financial regulation of crypto-asset wallet software: In search of secondary liability". Computer Law & Security Review. 49 105829. doi:10.1016/j.clsr.2023
Decentralized autonomous organization
Decentralized_autonomous_organization
1999 American law
cybersquatting, i.e. secondary liability under the ACPA. It so held notwithstanding the extensive body of case law permitting such liability where a registrar
Anticybersquatting Consumer Protection Act
Anticybersquatting_Consumer_Protection_Act
Overview of and topical guide to tort law
all damages resulting from the content. Vicarious liability – A form of strict secondary liability arising from respondeat superior. The responsibility
Outline_of_tort_law
File hosting website
Adalberto Jordan in July 2011, leaving only the secondary liability allegations to be decided. The secondary liability part of the lawsuit was likely to proceed
Hotfile
Legal claim of civil wrong
of secondary liability. Liability may arise through enterprise liability or, in product liability cases in the United States, market share liability. In
Tort
Financial services with no central authority
financial regulation of crypto-asset wallet software: In search of secondary liability". Computer Law & Security Review. 49 105829. doi:10.1016/j.clsr.2023
Decentralized_finance
Proposed law on digital replicas
provisions governing the use of digital replicas. The Act does not impose secondary liability on providers of generative artificial intelligence tools or services
No_Fakes_Act
Doctrine that people are responsible for their agents' actions
superiores) is a doctrine that a party is responsible for (and has vicarious liability for) acts of his agents. For example, in the United States, there are
Respondeat_superior
Contractual obligation to compensate for losses incurred by the other party
of the Statute of Frauds (1677), a "guarantee" (an undertaking of secondary liability; to answer for another's default) must be evidenced in writing. No
Indemnity
Legal form of business entity in the US
A low-profit limited liability company (L3C) is a legal form of business entity in the United States. Commonly referred to as a hybrid structure, it has
Low-profit limited liability company
Low-profit_limited_liability_company
2026 United States Supreme Court case
U.S. ___ (2026), was a United States Supreme Court case regarding the liability of an internet service provider for its subscribers engaging in copyright
Cox Communications, Inc. v. Sony Music Entertainment
Cox_Communications,_Inc._v._Sony_Music_Entertainment
Sabotaging someone else's business relationship with a third party
person's acts did not give rise to liability; and that there could be no secondary liability without primary liability, and therefore a person could not
Tortious_interference
for limited-liability companies the EU also recognizes the Societas Europaea. Decentralised EU/Euratom bodies established through secondary legislation
List of legal entity types by country
List_of_legal_entity_types_by_country
2007 American legal decision
profits from the direct infringement. Perfect 10 alleged both forms of secondary liability for infringement: first, that Google committed contributory infringement
Perfect 10, Inc. v. Amazon.com, Inc.
Perfect_10,_Inc._v._Amazon.com,_Inc.
Online content created by users
providers" as defined under the act, which grants immunity from secondary liability for the copyright-infringing actions of their users, as long as they
User-generated_content
American federal judge and legal scholar (born 1939)
Age Discrimination in Employment Act of 1967. Posner found that secondary liability attaches to a file sharing service for contributory copyright infringement
Richard_Posner
Illegal usage of copyrighted works
relation to principles of secondary liability for copyright infringement, such as contributory liability and vicarious liability. These types of intermediaries
Copyright_infringement
Doctrine in United States copyright law
Instagram could not be secondarily liable for copyright infringement based on the embedding conduct because secondary liability requires an underlying
Server_test
American legal scholar
intellectual property laws, licensing, litigation, privacy, security, secondary liability, jurisdiction, criminal laws and obscenity and child pornography
Ian_C._Ballon
Defence in the law of torts which reduces a plaintiff's rights to recovery for negligence
liability waiver stating that the gym is not legally responsible for any injuries if the member drops heavy weights on themself. A signed liability waiver
Assumption_of_risk
2007 decision of the United States Court of Appeals for the Ninth Circuit
magazine Perfect 10. List of leading legal cases in copyright law Secondary liability A&M Records, Inc. v. Napster, Inc. MGM v. Grokster Perfect 10, Inc
Perfect 10, Inc. v. Visa International Service Ass'n
Perfect_10,_Inc._v._Visa_International_Service_Ass'n
456 U.S. 844 (1982) (evaluating functionality considerations and secondary liability for inducing infringement) KP Permanent Make-Up, Inc. v. Lasting
List_of_trademark_case_law
2016 British landmark legal case on joint enterprise
intention". As the court explained in paragraph 92: "92. In cases of secondary liability arising out of a prior joint criminal venture, it will also often
R_v_Jogee
Protocol or law, adopted in several countries, aimed at reducing piracy
terrorem (a legal quality of the graduated educational notices) Secondary liability Three strikes (disambiguation) Klosek, Jacqueline (9 October 2008)
Graduated_response
Encouragement of another person to commit a crime
or discussion as to the form which the offence should take. But secondary liability is derivative and dependent on the commission of the substantive
Incitement
Participation in a criminal act
which intention may be inferred, but no more than evidence, and that secondary liability for a criminal offense requires intent to encourage or assist its
Complicity
infringement. Creation of anti-circumvention laws. Courts' application of secondary liability doctrines to cover file sharing networks History of music piracy
History_of_copyright
Proposed United States copyright law
With the Grokster decision null, the prevailing standard regarding secondary liability would return to the Court's decision in Sony v. Universal (also known
FAIR_USE_Act
2015 American copyright case
time shift purpose did not infringe Fox's copyright. Then, Dish's secondary liability was also denied. Fox asserted that QA copies and PTAT violated the
Fox Broadcasting Co. v. Dish Network, LLC
Fox_Broadcasting_Co._v._Dish_Network,_LLC
Pakistani commercial banking based in Karachi
order under the Justice Against Sponsors of Terrorism Act placing secondary liability on Habib Bank Limited as a party that "aids and abets, by knowingly
Habib_Bank_Limited
1973 United States District Court for the Eastern District of New York case
Professor, Columbia Law School Federal courts have held that secondary tort liability exists when: enabling or inciting another to infringe, at least
Elektra Records Co. v. Gem Electronic Distributors, Inc.
Elektra_Records_Co._v._Gem_Electronic_Distributors,_Inc.
English tort law case on liability for nervous shock (psychiatric injury)
leading English tort law case on liability for nervous shock (psychiatric injury). The case centred upon the liability of the police for the nervous shock
Alcock v Chief Constable of South Yorkshire Police
Alcock_v_Chief_Constable_of_South_Yorkshire_Police
1982 United States Supreme Court case
confirmed the application of and set out a test for contributory trademark liability under § 32 of the Lanham Act (15 U.S.C. § 1114). Under the Lanham Act
Inwood Laboratories, Inc. v. Ives Laboratories, Inc.
Inwood_Laboratories,_Inc._v._Ives_Laboratories,_Inc.
Violation of trademark rights
the United States Court of Appeals for the Ninth Circuit imposed secondary liability on a flea market landlord who provided the “necessary marketplace”
Trademark_infringement
provides a contingent "safe harbor" for online service providers from secondary liability for their users' copy infringements. US copyright law does not allow
Copyright law of the United States
Copyright_law_of_the_United_States
US federal Internet copyright enforcement
Infringement Liability Limitation Act received relief from the financial burden of legal fees, and damages associated with claims of secondary liability for copyright
Operation_In_Our_Sites
convolutions". The prevalent view is that liability for dishonest assistance is secondary. Therefore, the liability of the assistant is premised on that of
Dishonest_assistance
Form of partnership
limited liability for its debts. Limited partnerships are distinct from limited liability partnerships in which all partners have limited liability. The
Limited_partnership
Copyright infringement legal case
summary judgement for this case set the definition for cases involving secondary liability, for all works protected under the Copyright Act of 1909. The court
Gershwin Publishing Corp. v. Columbia Artists Management, Inc.
Gershwin_Publishing_Corp._v._Columbia_Artists_Management,_Inc.
Legal principle
applied in all areas of torts – intentional torts, negligence, and strict liability cases – as well as in criminal law. There is no requirement of physical
Eggshell_skull
Robichaud v Canada (Treasury Board) [1987] 2 SCR 84 July 29, 1987 Secondary liability for discrimination R v Lyons [1987] 2 SCR 309 R v Béland [1987] 2
List of Supreme Court of Canada cases (Dickson Court)
List_of_Supreme_Court_of_Canada_cases_(Dickson_Court)
American lawyer
interpretation of the Copyright Act, particularly in areas such as fair use, secondary liability, statutory damages, and digital-rights enforcement. Nimmer also served
David_Nimmer
American Law Institute reference series
Apportionment of Liability (2000) Restatement of Torts, Third, Liability for Economic Harm (2020) Restatement of Torts, Third, Liability for Physical and
Restatements_of_the_Law
1995 U.S. district court case
Justia A law review article about DMCA Safe Harbor An introduction of secondary liability for copyright infringement by Professor Jane Ginsburg Mark Schultz
Religious Technology Center v. Netcom On-Line Communication Services, Inc.
Religious_Technology_Center_v._Netcom_On-Line_Communication_Services,_Inc.
Copyright issues relating to file sharing
copyright Kopimi Note, 40 Colum. J.L. & Soc. Probs. 1 (2006–2007) Secondary Liability for Copyright Infringement: BitTorrent as a Vehicle for Establishing
Legal_issues_with_BitTorrent
Under DMCA, fair use limits the statutory damages available under secondary liability and permits bypassing digital rights management (DRM) for lawful
PRO-IP_Act
Latin phrase meaning "in proportion"
calculated (rate or change). When liability for a toxic tort or a defective product concerns many manufacturers, the liability under tort law is allocated pro
Pro_rata
takes watch over the captive Deucalion, fully aware Theo considers her a liability where Liam is concerned. Deucalion lets her know that Theo will only die
List of Teen Wolf (2011 TV series) secondary characters
List_of_Teen_Wolf_(2011_TV_series)_secondary_characters
British legal case
of joint enterprise, transferred malice, and exemption from criminal liability where a party to what would normally be a crime is the victim of it. The
R_v_Gnango
harbor protections, however, the court noted that Wolk's claims for secondary liability would fail. Eric Goldman wrote that "this is the most detailed judicial
Wolk v. Kodak Imaging Network, Inc.
Wolk_v._Kodak_Imaging_Network,_Inc.
brought contributory and vicarious infringement action, a type of secondary liability, against a website operator called Aimster, a company similar to
In re Aimster Copyright Litigation
In_re_Aimster_Copyright_Litigation
Treaty on intellectual property
including greater Internet service provider filtering of content, heightened liability for websites that link to allegedly infringing content, and diminished
Anti-Counterfeiting Trade Agreement
Anti-Counterfeiting_Trade_Agreement
Act of the Parliament of the United Kingdom
The Employers' Liability Act 1880 (43 & 44 Vict. c. 42) was an act of the Parliament of the United Kingdom passed on 7 September 1880. It enabled workers
Employers'_Liability_Act_1880
Temporary rescission of corporate personhood
decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Usually a corporation is treated as a separate legal
Piercing_the_corporate_veil
Ltd. v. Law Society of Upper Canada 2004, SCC 13 (originality standard, secondary infringement, and fair dealing rights) Society of Composers, Authors and
List_of_copyright_case_law
the then next Session of Parliament, the Exemption of Inhabitants from Liability to be rated as such in respect of Stock in Trade or other Property to
List of acts of the Parliament of the United Kingdom from 1848
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1848
1911 9–0 Substantive Derivative works, Idea-expression dichotomy, Secondary liability Majority: Holmes (unanimous) Copyright Clause, International Copyright
List of United States Supreme Court copyright case law
List_of_United_States_Supreme_Court_copyright_case_law
the Exemption of Inhabitants of Parishes, Townships, and Villages from Liability to be rated as such, in respect of Stock in Trade or other Property, to
List of acts of the Parliament of the United Kingdom from 1845
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1845
School in Baghdad, Iraq
had been removed by the Iraqi Ministry of Education in 1999, due to her liability in private tutoring (al-tadrees al-khusosi) which was forbidden in the
Tigris Secondary School for Girls
Tigris_Secondary_School_for_Girls
the Exemption of Inhabitants of Parishes, Townships, and Villages from Liability to be rated as such in respect of Stock in Trade or other Property to
List of acts of the Parliament of the United Kingdom from 1847
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1847
Sides of an account in double-entry bookkeeping
accounts and reduce the value of liabilities, equity, and revenue accounts. Conversely, credits increase the value of liability, equity, and revenue accounts
Debits_and_credits
Act of the Parliament of the United Kingdom
The Employers' Liability (Compulsory Insurance) Act 1969 (c. 57) is an act of the Parliament of the United Kingdom which requires that employers carry
Employers' Liability (Compulsory Insurance) Act 1969
Employers'_Liability_(Compulsory_Insurance)_Act_1969
Body of law that governs businesses
in a manner similar to a person) Limited liability of the shareholders (a shareholder's personal liability is limited to the value of their shares in
Corporate_law
reorganisation and further regulation of Railways and the discharge of liabilities arising in connection with the possession of Railways, and otherwise
List of acts of the Parliament of the United Kingdom from 1921
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1921
Act of the Parliament of the United Kingdom
Limited Liability Act 1855 (18 & 19 Vict. c. 133) was an act of the Parliament of the United Kingdom that first expressly allowed limited liability for corporations
Limited_Liability_Act_1855
in the University of Liverpool and to transfer all the property and liabilities of the said University College to the University of Liverpool and for
List of acts of the Parliament of the United Kingdom from 1903
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1903
Act of the Parliament of the United Kingdom
in India Act 1828 An Act to declare and settle the Law respecting the Liability of the real Estates of British Subjects and others, situate within the
Statute_Law_Revision_Act_1873
Companies interested in such Station, and to confer Powers and impose Liabilities on those Companies; and for other Purposes. Perth Station Hotel Act 1865
List of acts of the Parliament of the United Kingdom from 1865
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1865
April 1866 An Act to make Provision for the Transfer of the Assets, Liabilities, and Management of the Bengal, Madras, and Bombay Military Funds, the
List of acts of the Parliament of the United Kingdom from 1866
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1866
the Exemption of Inhabitants of Parishes, Townships, and Villages from Liability to be rated as such, in respect of Stock in Trade or other Property, to
List of acts of the Parliament of the United Kingdom from 1846
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1846
otherwise to amend the Law respecting the Administration of Trusts and the Liability of Trustees. Locomotives on Highways Act 1896 (repealed) 59 & 60 Vict
List of acts of the Parliament of the United Kingdom from 1896
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1896
33 27 June 1828 An Act to declare and settle the Law respecting the Liability of the Real Estates of British Subjects and others, situate within the
List of acts of the Parliament of the United Kingdom from 1828
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1828
2 July 1919 An Act to enable arrangements to be made as to employers' liability, to pay compensation in respect of men disabled by service in His Majesty's
List of acts of the Parliament of the United Kingdom from 1919
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1919
bombing that eliminated a major Syrian asset who had become a political liability. While pro-Syrian outlets blamed Israel to disrupt the Belgian legal case
List of extrajudicial killings and political violence in Lebanon
List_of_extrajudicial_killings_and_political_violence_in_Lebanon
Procurators in Paisley; for making provision for the present and contingent Liabilities thereof; for the distribution of the Funds and the ultimate dissolution
List of acts of the Parliament of the United Kingdom from 1883
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1883
47 1 August 1851 An Act to continue the Exemption of Inhabitants from Liability to be rated as such in respect of Stock in Trade or other Property to
List of acts of the Parliament of the United Kingdom from 1851
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1851
relating to Public Libraries, Museums and Gymnasiums and to regulate the Liability of Managers of Libraries to Proceedings for Libel. (Repealed by Public
List of acts of the Parliament of the United Kingdom from 1901
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1901
arterial roads to authorise the Council to establish fire and employers liability insurance funds and for other purposes. (Repealed by Surrey Act 1985 (c
List of acts of the Parliament of the United Kingdom from 1925
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1925
Communication causing harm to reputation
online defamation cases, liability for hyperlinks to defamatory content, filing lawsuits against anonymous parties, and the liability of internet service providers
Defamation
Company to raise and apply capital in extinguishing or meeting certain liabilities and to amend the scheme of arrangement between the Company and their
List of acts of the Parliament of the United Kingdom from 1892
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1892
the will of John Howard deceased to transfer to a company with limited liability to be hereafter formed the business of the testator and certain lands
List of acts of the Parliament of the United Kingdom from 1912
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1912
1887 50 & 51 Vict. c. clxxxvi 23 August 1887 An Act for limiting the liabilities of the Tees Conservancy Commissioners with respect to damage to lands
List of acts of the Parliament of the United Kingdom from 1887
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1887
Act of the Parliament of the United Kingdom
the Mariners shall not be English. I.e., section 46 13 Eliz. 1. c. 4 Liability of Crown Accountants Act 1571 An Act passed in the Twenty seventh Year
Customs_Law_Repeal_Act_1825
Act of the Parliament of the United Kingdom
The Occupiers' Liability Act 1984 (c. 3) is an act of the Parliament of the United Kingdom that covers occupiers' liability for trespassers. In British
Occupiers'_Liability_Act_1984
3 June 1897 An Act to make provision for the transfer of the Assets, Liabilities, and Management of the Regular Widows' Fund and of the Elders' Widows'
List of acts of the Parliament of the United Kingdom from 1897
List_of_acts_of_the_Parliament_of_the_United_Kingdom_from_1897
SECONDARY LIABILITY
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SECONDARY LIABILITY
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SECONDARY LIABILITY