| | SYSOP Liability for 3rd Party Copyright Infringement 5/12/97 (Site not responding. Last check: ) |
 | | A sysop could be faced with a claim of direct infringement by allowing a user access to a computer system during which time the user uploads a copyrighted work without the permission of the copyright holder. |
 | | The claim against the sysop would be that the sysop by virtue of operating the computer system and maintaining the system’s files actually copied, distributed, publicly displayed, or otherwise violated the rights granted to the author by section 106 of the Copyright Act. |
 | | In order for the sysop to be held vicariously liable for the copyright infringement of a user, the plaintiff must prove that the sysop: (1) had the right and ability to control the direct infringer and (2) received a direct financial benefit from the infringement. |
| gsulaw.gsu.edu /lawand/papers/sp97/tomlinson.html (6795 words) |