Contributory Infringers and Good Samaritans

Part I of this Essay describes existing contributory infringement doctrine. Part II examines the circumstances in tort law where courts have found that the relationship between the defendant and the direct actor justifies imposition of a duty to control the latter. Interestingly, the ability to manage the actions of the direct actor is not the only requirement for imposing such a duty. Part III applies these findings from tort law to the specialized context of intellectual property.