Discussion:
What is the name of your state?Copyright infringement by tenants: Is a shopping mall owner vicariously liable for copyright infringement by some of his tenants?
There are several stores in this mall that sell pirated CDs, DVDs, and computer software. The shopping mall owner knows about this activity because: (a) he mentions it right on the mall's website; (b) the local press regularly mentions that you can buy pirate merchandise at this mall, so it is "notorious"; (c) the police have conducted IPR raids in the mall, and; (d) when you walk around in the mall, vendors come up and ask if you want to buy pirate merchandise. The mall owner benefits directly because the shopkeepers pay him under a lease, and the well-known presence of the pirate merchandise attracts customers who also patronize the other stores, pay for parking, consume food and drink etc. The mall owner can terminate leases for many different reasons, including failure to obey local laws.
I've seen some older cases on the net involving flea markets and trade shows, but nothing very recent and nothing that involves a shopping mall where the shops are somewhat more permanent in nature. Is this mall owner at risk of a civil suit for infringement? Any criminal liability?
All thoughts and comments greatly appreciated!
Answer:
Questions about U.S. law ONLY!!
Answer:
Sorry if you were confused. My question is indeed about U.S. law. I would think that the problem would be governed by the Feds, since leaving it to the states would result in a patchwork of conflicting regulations. So, again, does anyone know if a shopping mall owner vicariously liable for copyright infringement by some of his tenants?
Answer:
Okay, lets try this again (since you clearly didn't get the 'hint'!!).
Questions about U.S. law ONLY. Please Include your state
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such a vicarious thread.
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I need a new drug
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Thanks anyway. I got what I needed from the Associate General Counsel at the IIPA. He gave me a couple of cases from 2nd and 9th Circuits that pretty much spell it out. Good luck with your forum.
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Let me give you one more big hint on why your question wasn't handled.
WHAT STATE???
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Give it up JETX. The writer is in the state of confusion.