Re-defining Direct Copyright Infringement in the Digital Age: The Shortcomings of ABKCO, Inc. v. Sagan's "Presses the Button" Standard

Authors

Shelby McSwan

Document Type

Article

Abstract

This Comment offers a broader reading of direct copyright infringement. The definition of a direct infringer must go beyond the person who “presses the button,” and extend to those who authorize, instruct, or force another to commit an act of infringement. A broader reading not only ensures that direct liability in copyright law is uniform with other areas of the law, but it also ensures that copyright law protects those who it was meant to protect and punishes those who are truly at fault. Part I of this Comment provides history and background information on the development of intellectual property and copyright law both internationally and within the United States. Part II analyzes how the Second Circuit’s recent decision in ABKCO Music v. Sagan narrows the established doctrine of direct copyright infringement. Part III discusses the variety of consequences and injustices posed by a narrow reading of direct copyright infringement. Finally, Part IV discusses the benefits of a more broad and uniform interpretation of direct liability in copyright law.

Recommended Citation

Shelby McSwan, Re-defining Direct Copyright Infringement in the Digital Age: The Shortcomings of ABKCO, Inc. v. Sagan's "Presses the Button" Standard, 73 Buff. L. Rev. (2025).
Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol73/iss1/7