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Above the Fold
Luke Toft on June 30, 2018

Embedding content from one source, e.g., a website, into another source, e.g., another website, is not uncommon. News sites embed photographs from Instagram, twitter messages, and videos into their content. Businesses embed videos and photographs of their products into their websites. Embedding also occurs when we post a link from a website into our social media accounts. For instance, after copying and pasting a website link into a social media post, an embedded version of the website automatically generates. This auto embedding typically consists of the formation of a small box or window which may include a reference to the website, an article name or title, and/or an image or video from the website. But is such use of embedded content copyright infringement?

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Tech Dirtby Mike Masnick
Mon, Jul 23rd 2018

Back in February we wrote about an absolutely horrible ruling out of a New York court by Judge Katherine Forrest that argued embedding an infringing tweet could be an act of infringement on its own. As we pointed out, if this ruling holds, it would undermine some of the basis of how the internet itself works. The issue here gets a bit into the weeds of both how the internet and how copyright law works. Embedding something on the internet, at a technical level, is really no different than how linking on the internet works. And it’s long been established that if you link to infringing content, that alone should not be considered a separate act of infringement. But is embedding? At a very basic level, this is the difference between the two:

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IP Watchdog

Franco Galbo
April 6, 2018

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.

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https://www.ipwatchdog.com/2018/04/06/tom-brady-embedded-tweets-online-publishing/id=95387/

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Rejecting years of settled precedent, a federal court in New York has ruled [PDF] that you could infringe copyright simply by embedding a tweet in a web page. Even worse, the logic of the ruling applies to all in-line linking, not just embedding tweets. If adopted by other courts, this legally and technically misguided decision would threaten millions of ordinary Internet users with infringement liability.

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AdLaw by request

Brian Sutherland on 2 March 2018

What is the legal difference between embedding an image on a website and displaying a copy of the image? News organizations and other website publications have relied on the Ninth Circuit’s opinion in Perfect 10, Inc. v. Amazon.com Inc., which established a bright-line server test for determining whether a website displayed a copy of an image, and thus potentially infringed upon the owner’s copyright in that image for the past ten years. According to the server test, a website operator displays an image if it sends a copy of the image from its server to the end user’s browser, but does not display an image if it merely embeds instructions (HTML) in its webpage that enable the end user’s browser to request the image from a third party’s server.

On February 15, 2018, District Judge Katherine B. Forrest of the Southern District of New York opened the door to new copyright infringement suits in the Second Circuit and beyond with her ruling in Goldman v. Breitbart News Network, LLC.

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The content in this post was found at https://www.adlawbyrequest.com/2018/03/articles/in-the-courts/district-judge-in-the-sdny-embedding-links-to-third-party-web-content-is-copyright-infringement
Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

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The lower house of the German parliament, known as the Bundestag, has approved a new bill that would require search engines to pay a license fee for re-publishing content longer than “individual words or short excerpts.” The bill passed by a vote of 293 to 243, with three abstentions.