Article
5th Circ. Embedding Decision Could Recast Copyright Claims
Law360
by Steven Stein and Andrew Lux
Litigation attorneys Steve Stein and Andrew Lux authored "5th Circ. Embedding Decision Could Recast Copyright Claims" for Law360. In the article, Steve and Andrew address the Fifth Circuit's decision on whether embedding copyrighted content can constitute infringement and discuss how the ruling could reshape the litigation of embedding claims.
Excerpt:
Judges looking for an alternative to the server test now have one.
If courts follow Emmerich, we'd expect embedding claims to be less actively litigated — reserved for the comparatively rare circumstances where parties embed content that the rightsholder didn't authorize to be embedded or where the relatively high standard for secondary liability is met.
If courts don't follow Emmerich, or if some do and some don't, that could lead to a circuit split — and U.S. Supreme Court intervention.
Media companies and their lawyers should keep a close eye on how this case law develops.
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