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India: Embedding Of Tweets Amounts To Infringement Of Copyright - Case Study - Justin Goldman v Breitbart News Network & Ors., Heavy, Inc.

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India: Embedding Of Tweets Amounts To Infringement Of Copyright - Case Study - Justin Goldman v Breitbart News Network & Ors., Heavy, Inc.

Postby MrFredPFL » Tue May 21, 2019 10:28 pm

Story : http://www.mondaq.com/india/x/807692/Copyright/Embedding Of Tweets Amounts To In





FACTS OF THE CASE

On July 2, 2016 the plaintiff Justin Goldman clicked a photograph of football quarterback for the New England Patriots Tom Brady with Boston Celtics manager Danny Ainge and others in East Hampton and posted it on his snapchat story speculating that Brady was helping recruit basketball star Kevin Durant to the Celtics. The photo went viral and was shared on Twitter and other social media platforms by various twitter users including famous television anchor Cassidy Hubbarth among others finally finding its way to the defendant's website through the act of 'embedding (displaying images of)' the Tweet into articles which these defendants' news outlets and blogs published.

Each of defendants' websites prominently featured the photo by "embedding (displaying images of)" the Tweet into articles they wrote over the course of the next 2 days speculating whether the Boston Celtics would successfully recruit basketball player Kevin Durant, and if Tom Brady would help to seal the deal. Thus, the case involves the question of how the images shown on one website but stored on another website's server leads to infringement of the owner's exclusive copyright to such image.

As a result of the embedding function, none of the websites downloaded, copied or stored the photograph on their own servers; instead, the function directed the internet browsers of users who accessed the defendants' sites to retrieve images of the embedded tweets from Twitter and place the images alongside the text of the articles.

Plaintiff sued the news outlets for copyright infringement, and the defendants moved for partial summary judgment on the issue of whether their display of the embedded tweets on their websites violated plaintiff's exclusive right to publicly display his photograph under Section 106(5) of the US Copyright Act, 1976.







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