Cowan, Liebowitz & Latman Authors Amicus Brief in Landmark Copyright Case Before U.S. Supreme Court
Cowan, Liebowitz & Latman partner Jonathan King and associate Jaime Berman recently authored an amicus brief in Cox v. Sony Music Entertainment, a pivotal case before the U.S. Supreme Court concerning the contributory copyright liability of internet service providers (ISPs) for the infringing actions of their users.
Our firm’s brief was submitted in support of the music industry Plaintiffs/Respondents and on behalf of amici SoundExchange, The American Federation of Musicians, SAG-AFTRA, and The American Association of Independent Music—organizations that represent a broad spectrum of rights holders and performers whose livelihoods depend on robust copyright enforcement.
The music industry plaintiffs in the case argue that Cox is contributorily liable because it knowingly provided internet access to subscribers who were repeatedly infringing copyrights. Cox, in turn, argues that it can only be liable if it expressly induced or encouraged its subscribers to infringe. The Fourth Circuit adopted the plaintiffs’ view, and Cox sought Supreme Court review. The jury had previously awarded $1 billion to plaintiffs— among the largest in copyright verdicts in history.
The case raises critical questions about secondary liability in the online context and has received considerable media attention, including in Law360 and Digital Music News.
About Cowan, Liebowitz & Latman
Founded in 1957, Cowan, Liebowitz & Latman is recognized worldwide as a leading U.S. intellectual property law and litigation firm. The firm has achieved extraordinary results, offering top-notch service, practical expertise, and cost-effective solutions. The firm regularly handles matters involving emerging issues, such as artificial intelligence, blockchain, and NFTs, among other new technological innovations. The firm's success is attributable to the extensive experience of its talented attorneys and staff, its use of new technologies and resources, and its collaborative approach to problem-solving. Cowan’s litigators boast a strong track record, handling landmark cases before the U.S. Supreme Court, federal and state appellate courts, and the U.S. Trademark Trial and Appeal Board.