Elektra Records Co. v. Gem Electronic Distributors, Inc. explained

Elektra Records Co. v. Gem Electronic Distributors, Inc.
Court:	United States District Court for the Eastern District of New York
Full Name:	Elektra Records Co. v. Gem Electronic Distributors, Inc.
Date Decided:	June 29, 1973
Citations:	360 F. Supp. 821
Docket:	73-cv-772
Judge:	Edward Raymond Neaher

Elektra Records Co. v. Gem Electronic Distributors, Inc., 360 F. Supp. 821 (E.D.N.Y. 1973),^[1] was an important case before the United States District Court for the Eastern District of New York that concerned copyright infringement, which held that secondary persons or entities could be liable for that tort under certain circumstances, and is also called the "'make-a-tape' case".^[2]

The facts were that:

Federal courts have held that secondary tort liability exists when:

Knowledge of the infringement of the copyright is the essential element that Elektra Records developed.

Impact

This case was used as a precedent for the US Supreme Court cases of Sony Corp. of America v. Universal City Studios, Inc., 125 S. Ct. 2764 (1984) and MGM Studios, Inc. v. Grokster, Ltd., 464 U.S. 417 (2005).

See also

• Copyright

Notes and References

1. Elektra Records Co. v. Gem Electronic Distributors, Inc. . 360 . F. Supp. . 821 . . 1973 . https://law.justia.com/cases/federal/district-courts/FSupp/360/821/1887850/ . 2019-02-11 .
2. Jane Ginsburg, "Secondary Liability for Copyright Infringement in the U.S.: Anticipating the Aprés-Grokster", found at Secondary Liability for Copyright Infringement in the US, from Columbia Law School website . Retrieved December 13, 2008.