C
cswarsaw
Guest
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!
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!