Posts Tagged: "Server Test"

Tom Brady and a Ruling over Embedded Tweets Could Change the Internet and Online Publishing

Of all of the things NFL quarterback Tom Brady has been accused of ruining over the years, the internet is not necessarily at the top of the list, and certainly not based on an alleged copyright infringement that he had no part in perpetuating. Yet, a photograph of him and Danny Ainge, the general manager of the Boston Celtics, could in fact forever change the internet and online publishing as we know it.

District Court Challenges Legality of Embedding Copyrighted Content

On February 15, 2018 a New York district court judge – in Goldman v. Breitbart News Network – challenged the reasoning of Perfect 10, and she concluded that one who embeds content may be engaged in a public display, thus making the practice far more risky… In Goldman v Breitbart News, Judge Katherine Forrest ruled that the Ninth Circuit was wrong to rely on the Server Test, and that a website thus can face direct liability, under particular circumstances, for making a display by embedding a copyrighted work in a website. The case involved a copyrighted image of Tom Brady, Danny Ainge and others that was first posted by the photographer as a Snapchat Story, but was soon copied by several individuals on Twitter with accompanying tweets.