In an important copyright ruling today, Judge Rakoff ruled that “embedding” material online — in this case, a news organization embedding in an article a video of a polar bear that the plaintiff posted on Instagram — could violate the copyright laws. He rejected the “server rule” by which there could only be infringement in cases where the defendant makes a copy of the image or video to display from its own server. Under the server rule, merely embedding the material (essentially, displaying the material via the original source) cannot be infringement.
Judge Rakoff found that the server rule was “contrary to the text and legislative history of the Copyright Act”:
Continue Reading Judge Rakoff Finds that “Embedding” Photos and Videos Online Can Infringe Copyrights, Rejecting “Server Rule”