The Copyright Law in Jordan has no specific provisions dealing with the liability of Online Service Providers (OSPs). It contains no provisions that expressly deal with secondary liability.
(1) In the absence of a provision in the Copyright Law, secondary liability is dealt with general tort law principles of joint liability under the Jordanian civil legal system. (2) The Jordanian Civil Code is the primary source of law that should be consulted in cases as there is no specific provision in the Copyright Law in Jordan. (3) Article 256 of the Jordanian Civil Code provides that "every injurious act shall render the person who commits it liable for damages even if he is a non-discerning person." Three elements must be present for tort liability to arise under the Jordanian Civil Code: (i) a fault or error (which may be either an act or a failure to act); (ii) damage to another; and (iii) a causal connection between the fault and damage. (4) “Vicarious liability” is not strictly defined in the Jordanian Civil...