Re: personal liability for copyright infringement

From: Barry Miller <Barry[_at_]srgpe.com>
Date: Fri, 10 Oct 1997 18:15:35 +0100

On 10/09/97, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> Is there any set of circumstances under which a corporate officer can
> be held personally liable for acts of copyright infringement by the
> corporation, *without* piercing the corporate veil?

Mark:

The following might help you answer your question.

"An individual, including a corporate officer, who has the ability to supervise infringing activity and has a financial interest in that activity, or who personally participates in that activity is personally liable for the infringement." Southern Bell Tel. & Tel. v. Assoc. Telephone Dir., 756 F.2d 801 [ 225 USPQ 899 ] (11th Cir. 1985) (emphasis added) (citations omitted).

(Quoted from Disney v. Video 47 40 USPQ 2d 1747)

Barry Miller
<barry[_at_]srgpe.com> Received on Fri Oct 10 1997 - 18:11:21 GMT

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