Schwartz & Ponterio, PLLC

Call Us With Your Questions

917-338-3879
  • Home
  • Attorneys
    • Matthew F. Schwartz
    • John Ponterio
  • Practice Areas
    • Legal Malpractice
    • Copyright Law
    • Referrals For Legal Malpractice
    • Criminal Defense
  • Blog
  • Contact
Schwartz & Ponterio, PLLC
917-338-3879
  • Home
  • Attorneys
    • Matthew F. Schwartz
    • John Ponterio
  • Practice Areas
    • Legal Malpractice
    • Copyright Law
    • Referrals For Legal Malpractice
    • Criminal Defense
  • Blog
  • Contact

Schwartz & Ponterio, PLLC holds lawyers responsible for legal malpractice.

Is an ISP liable for users’ actions in regards to copyright?

On Behalf of Schwartz & Ponterio, PLLC | Mar 25, 2021 | Copyright Law

In general, your internet service provider is not liable if you commit a copyright infringement just because it is providing you with a service that allows you to commit the act. You also cannot sue an ISP for it having a user who commits copyright infringement in most cases.

FindLaw explains that the Digital Millennium Copyright Act removes ISP liability for its users’ actions in many cases, but there are some exceptions. In some situations, an ISP may act in a way to help or further a user’s ability to use copyrighted material in an illegal manner, which would not allow the ISP to seek protection under the DMCA.

Contributory infringement

Contributory infringement on the part of an ISP is when the provider helps or assists someone in committing copyright infringement. The ISP knows what is happening and does nothing to stop it under this type of liability.

Vicarious liability

An ISP may be liable for copyright infringement if it receives a financial benefit from the action. In this situation, the ISP must also have control over you and your activity. It is often difficult to prove this type of liability because it is hard to show the ISP has control over users’ actions unless there is specific language in its terms of service agreement.

Direct infringement

ISPs cannot benefit financially from knowingly hosting copyrighted material that is violating copyright law. This type of infringement almost never happens because it is an obvious breach of copyright laws that will carry consequences. In addition, it is pretty easy to prove and almost impossible to defend against.

 

Categories

  • Copyright Law
  • Intellectual Property
  • Intellectual Property Litigation
  • Legal Malpractice

Archives

Recent Posts

  • Continuous representation doctrine and NY legal malpractice lawsuits
  • Is avoiding use of AI legal malpractice?
  • 2 common examples of legal malpractice in real estate matters
  • Does a missed deadline automatically mean legal malpractice?
  • Legal billing hours fraud: What wronged clients need to know

RSS Feed

Subscribe To This Blog's Feed

Schwartz & Ponterio, PLLC
NEW YORK
134 W. 29th Street, Suite 1001
New York, NY 10001-5304

New York Office

PHONE
917-338-3879

FAX
212-714-1264

  • Follow
  • Follow
  • Follow
Review Us

Send Us An Email

Attorney Advertising

© 2026 Schwartz & Ponterio, PLLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw