Toby Butterfield Will Speak at Columbia Law School, Kernochan Center for Law, Media and The Arts, on a Panel Titled, "Safe Harbors and Stormy Seas: Secondary Copyright Liability After Cox v. Sony.”
Toby Butterfield will speak at Columbia Law School on Wednesday, September 16, 2026, on a panel titled “Safe Harbors and Stormy Seas: Secondary Copyright Liability After Cox v. Sony.”
The panel will discuss the March 25, 2026 9-0 unanimous ruling of the U.S. Supreme Court in favor of Cox Communications in the case brought by Sony Music Entertainment seeking to hold Cox liable for copyright infringements committed by its Internet service customers. The Supreme Court used this decision as an opportunity to rewrite the rules for when a third-party is liable for such “contributory infringement” of copyright. For decades, the standard for such claims was clearly understood to consist of “knowledge, plus material contribution.” The Supreme Court has now abandoned that standard, restricting the liability to affirmatively inducing third parties to infringe, or providing services specifically designed for infringement.