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CHAPTER FOURTEEN Secondary Liability for Copyright Infringement & Safe Harbors in the Digital Age Introduction Generally, in the common law, “secondary liability” is imposed on someone who does not commit the legal wrong directly, but is found responsible for encouraging, facilitating or profiting from it. As you will see, the Copyright Act has no provisions imposing secondary liability. (Compare to e.g. § 271 of the Patent Act.) As a result, the secondary liability provisions of copyright law are entirely judge-developed, without even an open-ended statutory basis like that given to fair use jurisprudence under § 107. Until recently, there were two principal forms of secondary liability: contributory infringement and vicarious liability. (It should be noted here that the Sony v. Universal case does not clearly delineate whether and when it is talking about contributory infringement, vicarious liability or both.) • Contributory infringement may be found if someone, with knowledge of th...