Intellectual Property

Columbia Artists Management (CAM) sponsors a local concert series. CAM's Community Concert Division organizes non-profits that put on the concerts. The artists who perform are managed by CAM, and pay a 25% fee of their earnings as a management charge for the concerts. In advance of the concerts, CAM contacts the artists to find out which songs will be played, and then prints programs with a song list that are distributed at the concerts.

Artists at a concert in Boston perform "Bess, You Is My Woman Now" without the permission of Gershwin Publishing, which owns the copyright in that composition. The concert was sponsored by Port Washington Community Concert Association, which was organized by CAM. Gershwin sued the performing artists and CAM. Assume that the artists are directly liable for infringement. Should CAM be secondarily liable? On what theory?