Define: Contributory Infringement

Contributory infringement refers to the legal liability imposed on a person or entity who knowingly contributes to or facilitates the infringement of someone else’s intellectual property rights.

Direct infringement occurs when a person or entity directly engages in the unauthorized use or reproduction of someone else’s copyrighted material. Contributory infringement, on the other hand, involves knowingly assisting or enabling others to infringe someone’s copyright.

Examples of contributory infringement include providing tools or software that are primarily used for copyright infringement, knowingly selling counterfeit goods, or hosting websites that facilitate the sharing of copyrighted content without permission.

Under certain circumstances, an ISP can be held liable for contributory infringement if they have knowledge of infringing activities taking place on their network and fail to take appropriate action to prevent or stop it.

To establish contributory infringement, it must be proven that the person or entity had actual knowledge of the infringing activity or that the circumstances were such that they should have known about it.

Yes, in some jurisdictions, contributory infringement can be considered a criminal offense, especially in cases involving large-scale commercial infringement or counterfeiting.

No, contributory infringement cannot be used as a defence in a copyright infringement lawsuit. It is a separate legal claim that can be brought against a person or entity who aids or facilitates copyright infringement.

The penalties for contributory infringement can vary depending on the jurisdiction and the specific circumstances of the case. They may include monetary damages, injunctions, seizure of infringing materials, and, in some cases, criminal charges.

Contributory infringement requires a level of knowledge or awareness of the infringing activity. Therefore, it is generally not considered unintentional, as the person or entity must have knowingly contributed to the infringement.

To avoid liability for contributory infringement, it is important to refrain from knowingly assisting or facilitating copyright infringement. This can be achieved by conducting due diligence, obtaining proper licenses, and promptly addressing any infringement issues that come to your attention.