Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
NY District Court Adds to Confusion Surrounding Embedding
In the rapidly changing environment surrounding the legal issue of embedding (a type of inline linking that displays images and videos hosted somewhere other than the current publisher's servers), the U.S. District Court for the Eastern District of New York has added another ruling that places the liability associated with such behavior in uncertain waters. On Nov. 2, 2020, the court dismissed plaintiff Michael Barret Boesen's Complaint against United Sports Publications, Ltd. (USP) on the grounds that it failed to allege a claim for which relief could be granted under Rule 12(b)(6). Boesen v. United Sports Publs., Ltd., No. 20-CV-1552 (ARR) (SIL), 2020 U.S. Dist. LEXIS 203682 (E.D.N.Y. Nov. 2, 2020)
Embedding social media has been a commonplace practice for years. Indeed, it is still commonplace to see Instagram and twitter posts embedded throughout other publishers' content. Such a practice seemed safe under the Ninth Circuit's "server test" adopted in Perfect 10, Inc. v. Amazon.com, Inc, 508 F.3d 1146 (9th Cir. 2007). However, in recent years, the notion that embedders may be liable as copyright infringers has resurfaced as courts outside of the Ninth Circuit address the issue. See, e.g., Goldman v. Breitbart News Network LLC, 302 F. Supp. 3d 585, 590 (S.D.N.Y. 2018); Leader's Inst., LLC v. Jackson, No. 3:14-CV-3572-B, 2017 U.S. Dist. LEXIS 19355, 29-30 (N.D. Tex. Nov. 22, 2017); McGucken v. Newsweek LLC, No. 19 Civ. 9617 (KPF), 2020 U.S. Dist. LEXIS 96126 (S.D.N.Y. Jun. 1, 2020).
On Dec. 6, 2019, world-renowned tennis player Caroline Wozniacki announced her retirement from the sport on her Instagram page. The post included a low-resolution version of a photograph taken by Boesen in 2002 depicting a young Wozniacki about to serve. That same day, USP ran an article embedding Wozniacki's original Instagram post featuring a cropped version of Boesen's photograph. USP embedded the post without a license or permission from Boesen. After Boesen filed an amended complaint for copyright infringement, USP moved to dismiss under Rule 12(b)(6). Discussing the merits of Boesen's complaint, the court analyzed whether or not USP's article constituted fair use.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.