ARL joined the Electronic Frontier Foundation (EFF), American Library Association (ALA), and Re:Create in an amicus brief at the US Supreme Court in support of Cox in the case Cox Communications Inc. v. Sony Music Entertainment. At stake in Cox v. Sony is access to the internet for millions of people if internet service providers are disproportionately punished for copyright infringement by their users.
The case began when Sony sued broadband provider Cox for contributory copyright infringement and vicarious liability. Sony alleged that Cox failed to terminate accounts of subscribers who Sony said were repeatedly downloading or sharing copyrighted files without permission, and thus (1) lost its eligibility for a safe harbor under the Digital Millennium Copyright Act and (2) contributed to the subscribers’ infringing conduct. A jury initially found Cox liable for willful contributory and vicarious infringement, and awarded $1 billion in statutory damages. On appeal, the Fourth Circuit reversed the vicarious liability verdict and vacated the $1 billion award. However, the court affirmed the jury’s finding that Cox was liable for willful contributory infringement.
The brief argues that the Fourth Circuit imposed contributory liability based on a standard that is not supported in statute or case law. Under this broad material contribution standard, libraries could be liable for the misuse of their services by some of their users, even though these services are overwhelmingly used for noninfringing purposes.
Amici explained that expanding the scope of copyright contributory liability could cause internet service providers (ISPs) to terminate their customers’ internet access upon the flimsiest of accusations, or potentially face billion-dollar statutory damages awards. The consequences of losing internet access are severe and disproportionate, particularly as internet access is essential for distance learning, telework, and telemedicine.
The Library Copyright Alliance (LCA) joined amicus briefs in support of Cox at earlier stages of this case.
About the Association of Research Libraries
The Association of Research Libraries (ARL) is a nonprofit membership organization of research libraries and archives in major public and private universities, federal government agencies, and large public institutions in Canada and the US. ARL champions research libraries and archives, develops visionary leaders, and shapes policy for the equitable advancement of knowledge.
