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

Elektra Records Co. v. Gem Electronic Distributors, Inc., 360 F. Supp. 821 (E.D.N.Y. 1973), 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".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.

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).

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

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