Federal Jury Slams Cox Communications with $1 Billion Verdict for Copyright Infringement

Abstract

A federal court jury in Virginia, in Sony Music Entertainment, et al. v. Cox Communications, et al., has awarded a coalition of music industry copyright holders a $1 billion verdict against Cox Communications, the United States' third-largest internet and cable television provider, after finding Cox guilty of both contributory and vicarious copyright infringement of a total of 10,017 works.1 Finding the infringement willful, the jury awarded $99,830.29 for each work infringed under the statutory damages range provided for in the Copyright Act. Most large data networks, social media companies, and Internet Service Providers ("ISP's"), like Cox, avoid liability for copyright infringement by users on their networks by adhering to the Safe Harbor provisions of the Digital Millennium Copyright Act ("DMCA"). [...]the court in Sony made clear in its jury instructions that Cox was not entitled to rely on the Safe Harbor provisions.3 Because of its conduct documented in a companion case, BMG Rights Management (US), LLC v. Cox Communications,4 in which the Fourth Circuit held that Cox was not entitled to a safe harbor defense based on its DMCA takedown process.