ARTICLE
2 April 2026

Supreme Court Recalibrates Contributory Copyright Liability

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

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On March 25, 2026, the U.S. Supreme Court issued a closely watched decision with significant implications for Internet service providers, technology platforms, and copyright enforcement more broadly.
United States Intellectual Property
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On March 25, 2026, the U.S. Supreme Court issued a closely watched decision with significant implications for Internet service providers, technology platforms, and copyright enforcement more broadly. In a ruling that pushes back against expansive theories of secondary liability, the Court reaffirmed a core principle of copyright law: simply providing a lawful, general‑purpose service—even with awareness that some users may misuse it—does not, by itself, constitute contributory copyright infringement.

The appeal arose from a billion‑dollar verdict against Cox Communications, in which the lower court adopted rights holders' argument that an ISP's knowledge of subscriber infringement was enough to impose liability. The Supreme Court disagreed, clarifying that contributory liability turns on intent—not mere knowledge—and is limited to cases involving active inducement or services designed to facilitate infringement.

Read more on Cox Communications, Inc., v. Sony Music Entertainment here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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