Contributory Infringement as an Indirect liability in Copyright Law

Document Type : Original Article

Authors

1 Phd student at oil & gas Law in SBU

2 Professor of Law Faculty

10.52547/jlr.2022.225868.2101

Abstract

Given that numerous technologies are designed to enable copyright infringement on a large scale, In the sense that they themselves do not directly infringe copyright but facilitate copyright infringement for direct infringers, the legal systems have identified some types of indirect liability in addition to direct liability for copyright infringement. The US legal system, which is at the forefront of this, has envisioned three kind of indirect liability in copyright law which are: Vicarious Liability, Contributory Infringement and Inducement Infringement. In this article contributory infringement and it`s definition and it`s elements are considered. The study of Contributory infringement based on judicial cases of US in copyright law, along with the acceptance of the need to identify indirect liability in copyright infringement, can be very instructive for other jurisdictions. In Iran, since there is no legal prohibition on accepting indirect liability in copyright infringement, based on existing principles, the envisaged elements of contributory infringement can be used to determine the scope of indirect liability in copyright law.

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Articles in Press, Accepted Manuscript
Available Online from 06 September 2022
  • Receive Date: 07 June 2022
  • Revise Date: 27 August 2022
  • Accept Date: 06 September 2022