Publication Type

Book Chapter

Version

submittedVersion

Publication Date

1-2021

Abstract

In this chapter, we consider how to balance corporate innovation and personal liability in the specific context of directors’ exposure to personal liability for corporate copyright infringements. Directors may incur personal liability in the statutory context if they have ‘authorised’ the company’s infringement, or at common law if they acted as the company’s joint tortfeasor. Due to the conflicting policy goals of encouraging innovation whilst preserving personal accountability, we observe that this regime is unsatisfactory. Delving into the modern history of copyright law, we seek to demonstrate that directors of technological companies operate in an environment of high legal uncertainty as the law constantly lags behind rapid scientific innovation. We argue that this dynamic environment justifies a restrictive approach towards the imposition of personal liability on directors. Although made in the context of copyright infringements, our analysis also informs the broader discourse on the impact of technology on corporate governance.

Discipline

Business Organizations Law | Science and Technology Law

Research Areas

Corporate, Finance and Securities Law

Publication

Technology and Corporate Law: How Innovation Shapes Corporate Activity

Editor

Andrew Godwin, Pey W. Lee, Rosemary Teele Langford

First Page

126

Last Page

150

ISBN

9781800377158

Identifier

10.4337/9781800377165

Publisher

Edward Elgar

Additional URL

https://doi.org/10.4337/9781800377165

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