In this great episode of Litigation Whiteboard Attorney Steve® discusses what happens if your bar or restaurant, club, or other establishment gets accused of copyright infringement from a company like Strike 3 Holdings, MPA, or RIAA or other company representing rights-holders. Many Strike 3 adult movie download cases originate from Florida but seek to sue California clients. The main law firm you may see is BandLow Law Firm from California. If these companies are claiming you are automatically liable for the infringing conduct of your clients whom you provide wifi hotspot access to, call us to discuss.
While their movies, movies, and photos may be copyright protected, this does NOT mean that your business is automatically liable for copyright infringing conduct.
There are generally two theories of secondary copyright liability:
1. Vicarious liability
2. Contributory liability
In most cases, neither of these theories apply (although their counsel may insist it does - why not ask them for a case that proves this - I have not seen any cases or precedent imposing liability under these circumstances).
There are also two theories of non-liability (or should we say "immunity")
1. Communications Decency Act Section 230
2. Digital Millennium Copyright Act - Section 512 ("Safe harbors" as it is often called)
These theories are discussed in this video.
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