Cox V. Sony Music:Refining Secondary (C) Liability Rules

Why It Matters

The decision curtails sweeping secondary liability for service providers, forcing them to adopt proactive anti‑infringement measures and reshaping the risk landscape for future copyright litigation.

Key Takeaways

• Supreme Court rejected material‑contribution‑with‑knowledge test in copyright liability.
• Cox’s broadband service deemed not a direct infringer under law.
• Amicus briefs from tech giants heavily influenced the Court’s decision.
• Safe‑harbor §512A remains intact, but repeat‑infringer policies scrutinized.
• Future secondary liability cases will require proof of culpable conduct.

Summary

The Berkeley Center webcast dissected the Supreme Court’s landmark ruling in Cox v. Sony Music, which reshapes secondary copyright liability. The Court unanimously overturned the Fourth Circuit’s material‑contribution‑with‑knowledge standard, holding that mere awareness of infringing users does not suffice for contributory infringement. Instead, liability now demands proof of a culpable act aimed at fostering infringement.

Key arguments centered on Cox’s role as a broadband provider. While the jury had awarded a billion‑dollar verdict for both contributory and vicarious infringement, the Fourth Circuit affirmed only the former and sent the damages issue back. The Supreme Court’s decision emphasized that safe‑harbor protection under §512A remains viable, but providers must implement genuine repeat‑infringer policies; failure to qualify for the safe harbor cannot alone generate liability.

Amicus participation proved pivotal. Tech giants such as Google, Amazon, and the Internet Society warned that a broad liability standard would jeopardize public internet access, while copyright groups pushed for stricter enforcement. Justice Sotomayor’s concurrence, joined by Justice Jackson, highlighted the need for a “culpable conduct” threshold, echoing the Solicitor General’s reference to the Twitter‑Taamneh case, where mere platform provision was deemed insufficient for liability.

The ruling reverberates across the digital ecosystem. ISPs and online platforms must now demonstrate active steps to curb infringement, or risk exposure to costly lawsuits. The decision narrows the scope of secondary liability, signaling that future cases will hinge on demonstrable intent or reckless indifference rather than passive knowledge alone.

Original Description

Program occurred April 14, 2026

Don't miss this compelling expert webcast from the Berkeley Center for Law & Technology, featuring renowned copyright scholar Prof. Pam Samuelson of BCLT, UC Berkeley School of Law. In one of the most consequential copyright decisions in years, the Supreme Court unanimously reversed the Fourth Circuit's ruling in Cox v. Sony Music — and the implications are massive for secondary liability law. Professor Samuelson unpacks what the Court actually decided, why it matters, and how it will reshape the landscape of contributory infringement going forward. Whether you're new to copyright law or a seasoned practitioner, this is one discussion you can't afford to miss.

Need CLE Credit? Watch the program on B-CLE: https://bcle.law.berkeley.edu/program?id=85666

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