My employee used someone else&#39;s work. Am I liable?
<p>Suppose that an employer has hired a work-for-hire employee who was directed to produce some work for the employer. It was clearly stated in their contract that everything submitted by the employee must be their original work. Yet they have submitted content from another website (with some blatant copying and some mildly modified content) to the employer.</p>
<p>If the employer has used this content commercially, is the employer liable?</p>

<p>Liable, yes. How much liable, depends. There would be copyright infringement, and with copyright infringement the exact facts count. Like did you commit copyright infringement to make money, were you aware that you committed copyright infringement etc.</p>
<p>With your contract, it seems clear you didn't set out to commit copyright infringement to make money (because you paid someone else telling them not to commit copyright infringement). Up to the point where you learned what happened, you didn't know it was copyright infringement. After this, you better remove all the infringing works, because now you know it's copyright infringement, and now you <em>are</em> saving money by not hiring a second developer.</p>
<p>Obviously you can sue the employee for damages.</p>

<h2>Yes</h2>
<p>Your employee is your agent, everything they do in the course of their employment is legally done by you.</p>

copyright intellectual-property work-for-hire