Intellectual Property Law
New Matter 2018 SUMMER Volume 43, Number 2
Content
- 2018 New Matter Author Submission Guidelines
- Case Comments
- Commentary: Do Proposed Uspto Rules For Claim Construction Go Far Enough?
- Contents
- Dc Trip Report
- Federal Circuit Report
- Highway [35 U.S.C. Section] 101: Finding the On-Ramp
- Intellectual Property Section Executive Committee 2017-2018
- Intellectual Property Section Interest Group Representatives 2017-2018
- Ip and Art: An International Perspective
- Letter from the Chair
- Letter from the Editor-in-Chief
- MCLE Self-Study Article
- Online Cle For Participatory Credit
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- Ttab Decisions and Developments
- Copyright News
Copyright News
Jo Ardalan
One LLP
N.Y. COURT CONCLUDES THAT PERFECT 10 IS VERY IMPERFECT AND FINDS EMBEDDING A WORK IS AN INFRINGEMENT
In an order strongly criticizing the Ninth Circuit’s decision in Perfect 10, Inc. v. Amazon.com, Inc.,1 the Southern District of New York in Goldman v. Breitbart News Network, LLC found on summary judgment that embedding a photograph on a website without the owner’s consent violates the owner’s "display right."2 Plaintiff Justin Goldman authored and owned a photograph of Tom Brady that he uploaded to social media.3 Several non-parties then uploaded the photograph to Twitter, where defendants Breitbart News Network, Heavy, and Time, Inc., among others, used "embed code" to make the Brady photo appear on their websites without storing the image on their servers.4