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· 5/24/1971

Gershwin Publishing Corporation v. Columbia Artists Management, Inc., and Community Concerts, Inc.

Citations

  • 443 F.2d 1159
  • 14 A.L.R. Fed. 819
  • 170 U.S.P.Q. (BNA) 182
  • 1971 U.S. App. LEXIS 10051

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that general knowledge that third parties performed copyrighted works satisfied knowledge element of contributory infringement
  • holding that vicarious liability for copyright infringement occurs when one has the right and ability to supervise the infringing activity and also has a direct financial interest in such activities
  • holding that a defendant may “be held liable as a ‘contributory’ infringer if it were shown to have had knowledge, or reason to know, of the infringing nature of the records”
  • holding concert promoter liable as contributory infringer, for infringements by artists it was promoting, due to promoter’s “pervasive participation” in creating an audience for the artists
  • affirming that one who promotes or induces “infringing acts” infringement may be liable under the Copyright Act even without actual knowledge of infringement
  • stating that claim for contributory copyright 17 infringement requires additional element that defendants, with 18 knowledge, induce, cause or materially contribute to infringing 19 conduct of another

Source: CourtListener parenthetical corpus (CC0).

Judges: Friendly, Anderson, Levet

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.