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Goldman v. Breitbart, et al. (Photographer v. News Media)

By Cristopher Beall

Judge Forrest of the SDNY issued a decision last week in a photographer case against various news media. Judge Forrest rejected the so-called "server test" as a defense to a claim of infringement arising from the news organizations' use of an "embed" feature to allow recipients of a news feed to see the photographer's shot of Tom Brady, even though the copy of the photo did not reside on the news organizations' servers. Judge Forrest's decision suggests that the "server test" interpretation of the standard of liability for a violation of the display right is not a correct reading of the Copyright Act. If she is correct, her ruling will dramatically alter the manner in which content is shared on the internet.

Goldman v. Breitbart, et al - Opinion & Order, 2-15-2018-C3.pdf

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