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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Employment Law
Satisfied Customers: 7860
Experience:  English solicitor with over 12 years experience
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If i work as lead software developer and subordinate

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If i work as lead software developer and subordinate developers of mine when they deliver to me their source code for me to incorporate it into the source code of the final program to release it, i am not aware that they copied that code from somewhere else and thus that they did copyright infringement, and i unkowlgly incorporate that program source code into the final product, would i be liable to of a criminal offence due to this doctrine https://en.m.wikipedia.org/wiki/Respondeat_superior#:~:text=Respondeat%20superior%20(Latin%3A%20%22let,for)%20acts%20of%20their%20agents. ?

Hello,

I am a solicitor and will try and assist you today.

No, you would not be criminally liable for this.

May I help further?

I trust that my response was helpful.

All the best

UKSolicitorJA and other Employment Law Specialists are ready to help you
Customer: replied 9 days ago.
the employees could go to jail if they copied small parts of source code from the internet that were copyrighted by someone else?
Customer: replied 9 days ago.
Also why then there it talks about the doctrine of respondeant superior and says the superior would be responsible for the acts of the subordinates even if they are not aware of those acts
Customer: replied 9 days ago.
Customer: replied 9 days ago.
I do not understand when that doctrine would apply

That doctrine usually apples if you were an employer of these people, in your case, you are a contractor and they are independent contractors liable for their own actions.

Such cases are usually dealt with as civil matters, not criminal matters unless there is a criminal intent behind the copyright infringement.

All the best

Customer: replied 9 days ago.
What do you mean by criminak intent?
Customer: replied 9 days ago.
i was talking not about contactors, i was talking about working in a permanent position as a lead developer
Customer: replied 9 days ago.
As an employee in a company
Customer: replied 9 days ago.
having subordinate employees also on permanent roles
Customer: replied 9 days ago.
On that company too

For a crime to take place, someone must have criminal intent to carry out a crime.

In your case, if you are an employer, you could face a copyright infringement claim if your employees infringed third party copyright. It would be a civil claim.

Customer: replied 9 days ago.
If the employee did not know correctly the copyright law of uk, then it means he did not have criminal intent?

Yes, that is correct.

I am going offline now.

All the best