Vicarious Liability Claim Against Network Fails

UMG RECORDINGS, INC. V. BRIGHT HOUSE NETWORKS, LLC No. 8:19-CV-710-MSS-TGW, 2020 WL 3957675 (M.D. Fla. Jul. 8, 2020)

UMG Recordings brought a claim that Bright House Networks, LLC is vicariously liable for copyright infringement committed by its users. These users are claimed to have unlawfully downloaded and shared songs by UMG. Defendants argued that Plaintiffs did not adequately plead the two elements of vicarious liability and therefore, the court should dismiss the claims as a matter of law. The elements of vicarious liability are (1) the right and ability to supervise the infringing activity, and (2) a direct financial interest in the activity. The Court granted the Motion to Dismiss Plaintiffs’ First Amended Complaint as to the Claim for Vicarious Liability. The reasoning that the Court used was that Plaintiffs did not adequately allege that Defendants received a direct financial benefit from the activities of its users, which was enough reason to deny the vicarious liability claim.