The contributory infringement pre-supposes the existence of knowledge and participation by the alleged contributory infringer. To claim damages for infringement of the copyright, the plaintiff has to prove:

(1) That the defendant knew or should have known of the infringing activity; and

(2) That the defendant induced, caused, or materially contributed to another person’s infringing activity.

(1) Knowledge: The first aspect that has to be proved to claim an infringement is that the defendant knew or should have known of the infringing activity. The expression “knew” denotes that the defendant had the “actual knowledge” of the infringement. On the other hand the expression “should have known” signifies a certain probability of knowledge that can be expected from a reasonable person of average intelligence if he exercises due care and caution.

(2) Contribution: Further, the defendant must have induced, caused, or materially contributed to another person’s infringing activity. This falls in the domain of facilitating the infringement of the copyright.

Thus, if a Network Service Provider facilitates the infringement of a copyright even after it came to his knowledge, he can be held liable for “contributory infringement”.


END OF PART XII
TO BE CONTINUED

ALL RIGHTS RESERVED WITH THE AUTHOR.