Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Fourth Circuit to Weigh ISP Copyright Liability for Peer-to-Peer File Sharing by Subscribers

BY J. Alexander Lawrence
June 02, 2017

The Fourth Circuit Court of Appeals is gearing up to hear argument in BMG Rights Management v. Cox Communications, one of the first attempts by the music industry to hold an Internet Service Provider (ISP) liable for unauthorized peer-to-peer file sharing by its subscribers. The Fourth Circuit will be asked to decide two crucial questions of copyright law: 1) what kind of repeat infringer policy must a service provider implement to qualify for the safe harbor under the Digital Millennium Copyright Act (DMCA); and 2) can an ISP be held contributorily liable for its subscribers' actions, notwithstanding that its service — providing access to the Internet — is capable of substantial non-infringing uses.

The District Court Action Against Cox

On Nov. 26, 2014, BMG and Round Hill Music launched the dispute by filing a complaint against Cox in the United States District Court for the Eastern District of Virginia. The plaintiffs claimed that thousands of Cox subscribers had used Cox's network to illegally download copyrighted works via peer-to-peer file sharing programs, and argued that Cox should be held vicariously or contributorily liable for their infringement.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.