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Secondary Liability for Copyright Infringement At the Supreme Court
By Catherine Nyarady and Crystal Parker
In February 2024, the Fourth Circuit addressed a jury’s 2020 damages award of $1 billion finding Cox secondarily liable for its subscribers’ copyright infringement through illegal copying of copyrighted songs. Sony Music Ent. v. Cox Commc’ns, Inc., 93 F.4th 222 (4th Cir. 2024). The Fourth Circuit affirmed the jury’s finding that Cox was willfully contributorily liable for infringement, but reversed the jury’s finding of vicarious liability, vacating the damages award and remanding the case for a new trial on damages.
Both Cox and Sony filed petitions for certiorari in August 2024 — Cox asking the Supreme Court to review the Fourth Circuit’s holdings on willfulness and contributory liability, and Sony asking for review on vicarious liability. Key industry players filed amici supporting the respective petitions. In October 2024, both Sony and Cox filed briefs in opposition to the others’ petition.
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