11.2.13 Indirect Infringement — Contributory Infringement is a type of copyright infringement that occurs when a person or company contributes to the infringement of another's copyright by providing the means necessary for the infringement to take place. This includes providing materials, services, or tools that are essential for the infringing activity. There are two main types of contributory infringement: vicarious infringement and contributory infringement. Vicarious Infringement occurs when a person or company has direct control over how a work is used and benefits financially from the infringing activity. This could include hosting a website where infringing material is posted or providing a platform that allows users to share copyrighted material. Contributory Infringement occurs when a person or company has knowledge of the infringing activity and still assists the infringed, such as by providing instructions or software that enables the infringement. This includes providing links to downloading infringing content or providing software that allows users to copy or share copyrighted material.
11.2.13 Indirect Infringement - Contributory Infringement
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FAQ
To reiterate, direct copyright infringement involves the actual copying of work. Comparatively, indirect infringement involves dealing with an object which infringes on someone's work. To ensure you don't fall victim to someone infringing on your copyright be sure to protect your work.
Contributory infringement is a form of secondary liability for direct infringement of a patent, copyright, or trademark. It is a means by which a person may be held liable for infringement even though they did not actually engage in infringing activities.
The party who performs all of the steps is liable as a direct infringer, while the inducer is liable as an indirect infringer. Contributory infringement, which is not relevant here, exists when a defendant sells or offers to sell a component that can only be used in infringing a patented invention.
Indirect patent infringement is the violation of a patent with or without the knowledge of the infringer. A person or company obtains a patent to prevent other people from using an idea or invention. In some cases, however, another person may not be aware of the patent.
Indirect patent infringement occurs when someone violates an IP owner's rights without directly infringing. An example is a distributor selling an infringing device. This can occur through inducement or contributory patent infringement.
For contributory infringement to exist, the component must have no substantial non-infringing uses. For example, if someone sold a product that would be useful only if combined into a patented product, that might be considered contributory infringement.