Parental Liability for Kids’ Copyright Infringement

By Eric Goldman

Somehow I missed this excellent memo by EFF on parental liability for kids’ infringement, particularly in the context of RIAA music file-sharing lawsuits. The memo discusses the boundaries of parents’ liability for contributory and vicarious infringement. The memo also discusses parental liability statutes and the possible copyright preemption analysis. Unfortunately, the memo doesn’t reach any definitive conclusions, but this omission is understandable given the fact-specific nature of the inquiries.