US-CA9 · jury_instructions
9th Cir. Model Jury Instr. (Civil) 17.20
Secondary Liability—Vicarious Infringement—Elements and Burden of Proof
If you find that [name of direct infringer] infringed the plaintiff [name]’s copyright in [name of allegedly infringed work], you must determine whether [name of alleged vicarious infringer] vicariously infringed that copyright. The plaintiff [name] has the burden of proving each of the following elements by a preponderance of the evidence:
First, the defendant [name] directly benefitted financially from the infringing activity of [name of direct infringer];
Second, the defendant [name] had the right and ability to [supervise] [control] the infringing activity of [name of direct infringer][; and]
[Third, the defendant [name] failed to exercise that right and ability.]
If you find that the plaintiff [name] has proved each of these elements, your verdict should be for the plaintiff [name] if you also find that [name of direct infringer] infringed plaintiff [name]’s copyright. If, on the other hand, the plaintiff [name] has failed to prove any of these elements, your verdict should be for the defendant [name of alleged vicarious infringer].
Provenance
- Source
- ce9.uscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
be5f0a9d47b72ad37f222bdfeaaed9a3e9c539a04161dae8492f402ee9fed0bd
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