11th Cir. Pattern Jury Instr. (Civil) 9.21

If you find that there is a direct infringement, you can then consider whether

there has also been a vicarious infringement. A “vicarious infringer” is one who

profits from a direct infringement while declining to exercise [his/her/its] right and

ability to stop or limit the infringement.

Under this doctrine a party is responsible for the direct infringer’s acts if the

party controlled or supervised, or had the right and ability to control or supervise,

the direct infringer’s actions.

If you find that there has been a direct infringement of [name of plaintiff]’s

copyrighted materials by one defendant (or third party), you can consider whether

there has been “vicarious infringement” by another defendant.

To find that [name of defendant] is liable for another party’s infringement,

you must first find that [name of defendant] had the right and ability to control or

supervise the other party’s infringing action and either controlled the action, or

failed to exercise [his/her/its] right and ability to prevent the infringement. Also,

you must find that [name of defendant] directly profited from the other’s

infringement.

SPECIAL INTERROGATORIES TO THE JURY

1. Was there a direct infringement by someone or some entity other

than [name of defendant] (i.e., a third party)?

2

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