Legal Question in Intellectual Property in Nevada

Secondary Liability in Copyright Infringement

Hello.

I have recieved notice that i am being sued for copyright infringement of an internet photograph.

Whilst i am happy to deal with the lawsuit, i have a question regarding secondary liability.

I live with my fiancee who is named as the internet account holder (she pays she bill etc). She had no prior knowledge of the infringment, yet im concerned about any vicarious or contributing liability because she is providing an internet connection.

Does she stand to be liable for my infringement? Would a lawsuit argue that she is providing the means simply because she pays the bill?

Thanks


Asked on 12/16/07, 2:18 pm

2 Answers from Attorneys
Gerry Elman Elman Technology Law, P.C.

Re: Secondary Liability in Copyright Infringement

When you say you've "received notice" I take it that you have been served with a summons and complaint from federal court. That should identify who has been sued.

Whenever you are sued in court, it is important to get advice from a lawyer immediately. If you fail to respond in writing by the deadline, a default judgment might be entered against you.

You should discuss the question of your fiance with the lawyer who is representing you in the copyright suit. If she is not already named in the papers, whether or not the plaintiff might later seek to add her as a defendant would depend in large part on the facts of your situation.

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Answered on 12/16/07, 3:03 pm
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Secondary Liability in Copyright Infringement

This is the type of situation where you should sit down with an attorney. They may try to bring an action against your fiancee as well, but it really depends on the extent of her involvement. Please feel free to contact my office if we may be of any assistance in this matter.

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Answered on 12/16/07, 4:55 pm


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