[vanilla74]

Is an employee liable for infringement of copyright if they know they are breaking copyright but their supervisor tells them to go ahead anyway, please give an example?

I am doing an assignment on copyright infringement and I need information on the above question.

[ScottGem]

Define the nature of the copyright infringement? But as a general rule, a person can be held guilty of a crime, even if they are ordered to do the crime by someone else in authority over them.

[AK lawyer]

We normally don't do homework.

But, to expound upon what ScottGem wrote, read https://en.wikipedia.org/wiki/Nuremburg_defence.

[Fr_Chuck]

In general, the company will be liable and responsible, because they ordered the employee to do it. The employee while part of it, can easily make a plea deal to testify against the company.

[AK lawyer]

Except that copyright infringement is not a crime; it may however involve a hefty civil penalty. My previous post, while referring to what is normally not a valid defense in a criminal case, was made only to discuss the subject in general principles. Thus a "plea deal" would be inapplicable as well.

The employee can be sued in a civil action, along with the employer, and cannot refuse to testify on 5th Amendment grounds. So a "deal" to testify isn't likely to happen.

[ScottGem]

I'm going to disagree that its not a crime. It is against the law which makes it a crime. However, I will agree that is is not likely to be prosecuted as a criminal action, but be a matter for civil court.

[AK lawyer]

... It is against the law which makes it a crime. ...

No, it has to be defined as a crime by statute.

Breach of contract, most negligent torts, and defamation for example, are "against the law", but it aren't normally crimes.

[ebaines]

This would be a lawsuit against the company that infringes, not against the individual who creates the artwork, or ad copy, or whatever marketing materials are developed that infringes the other company's trademark. The typical result is the company that owns the trademark will issue a demand to the infringing company to cease, then if they are not satisfied with the outcome may sue the infringing company for damages. The employee is not in danger of being charged with any crime, and has no need to "strike a deal."

[AK lawyer]

No, it has to be defined as a crime by statute.

And, I have just discovered, it is:

"...
The first criminal provision in U.S. copyright law was added in 1897, which established a misdemeanor penalty for “unlawful performances and representations of copyrighted dramatic and musical compositions” if the violation had been 'willful and for profit.'
...
The conflation of the lower civil thresholds with criminal penalties is more likely where there is no clear guidance, as with legislators trusting the courts to interpret “willfulness” in criminal copyright infringement proceedings, and in instances where the government has explicitly designated resources toward prosecuting a given crime. ..."
https://en.wikipedia.org/wiki/Crimin..._United_States

[ScottGem]

That's what I thought. I know some music pirates were criminally prosecuted.

[joypulv]

Hey vanilla! You got a wealth of free, good advice. I hope you answer back to thank the people above.

[AK lawyer]

Correction to my earlier incorrect post made yesterday. The OP could "take the fifth"; although, as suggested in the quote from the article to which I linked today, criminal prosecution is unlikely.