· 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 CourtListenerSourced 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.