If the source of the problem is a minor the following will apply:

Although there is variety amongst the laws of the various states regarding the issue of parental liability for conduct of their minor children, in the vast majority of cases these laws will be “preempted” by the Copyright Act. “Preemption” is a legal doctrine by which federal law will generally prevail over state law to the contrary- and the preemptive federal law (with the exception of sound recordings fixed prior to 1972) is set forth in the Copyright Act.

Legal responsibility for direct copyright infringement resides with the person who does it. If liability for copyright infringement can be imputed to others, it can result in all involved parties being jointly and severally liable. Liability of a child can be imputed to a parent in one of two ways:

“Vicarious infringement” can accrue when each of the following elements are present: parental control (right and ability to supervise) and financial benefit to the parent (undetermined at this point is whether or not financial relief from otherwise having to purchase music or movies for the child amounts to a financial benefit).

“Contributory infringement” can accrue when each of the following elements are present: parent enabled the child’s infringement activities by providing the site and computer (significant non-infringing uses for the computer will be helpful to the defense) and “constructive knowledge” (parent should have known) of the child’s infringement activities.

If a judgment issues against only a child, the ability of the judgment creditor to reach the assets of the parent is a matter of state law. Generally speaking the judgment creditor can reach only those assets in which the judgment debtor has an interest. Save the right to support (which is generally not considered), a child has no interest in the assets of the parent. One should also be aware that if a judgment issues in a case such as this there could be issues regarding any discharge thereof in bankruptcy. See In re Lynch (Bankr. D. Okla., 1990)