IP at the Supreme Court Series: Cox Communications, Inc. v. Sony Music Entertainment

 

December 1, 2025 | 5:00 - 6:00pm EDT | Hybrid | Reception to follow
Recording of Event
Oral Argument Transcript

Moderated by:  Professor Michael Carroll

American University Washington College of Law regularly invites counsel of record and counsel for selected amici to offer post-argument reflections in intellectual property (and related) cases heard by the Supreme Court. These events are held on the afternoon of oral argument before the Court. 

Issues:  (1) Whether the U.S. Court of Appeals for the 4th Circuit erred in holding that a service provider can be held liable for "materially contributing" to copyright infringement merely because it knew that people were using certain accounts to infringe and did not terminate access, without proof that the service provider affirmatively fostered infringement or otherwise intended to promote it; and  (2) whether the 4th Circuit erred in holding that mere knowledge of another's direct infringement suffices to find willfulness under 17 U.S.C. § 504(c)

Panelists
Edward Williams, Orrick, Herrington & Sutcliffe LLP
For Petitioner, Cox Communication, Inc.

Michael J. Allan, Steptoe LLC
Brief Of Amici Curiae National Music Publishers’ Association, Recording Industry Association of America, Nashville Songwriters Association International and Songwriters of North America in Support of Respondent

Jacqueline C. Charlesworth, Frankfurt Kurnit Klein & Selz PC
Brief of Amici Curiae Former Members of Congress and Registers and General Counsels of the U.S. Copyright Office in Support of Respondent

Professor Charles Duan, American University Washington College of Law
Brief of Amicus Curiae of Professor Charles Duan, In Support of Neither Party

Rebecca Tushnet, Lex Lumina LLP
Brief Of Amicus Curiae of American Civil Liberties Union in Support of Petitioner

All briefs available on SCOTUSBlog:  Cox Communications, Inc. v. Sony Music Entertainment

Accommodation Request
If you would like to request disability-related accommodation or accessibility information, please contact PIJIP at pijip@wcl.american.edu.   Requests should be made two weeks before the event date.