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This blog post on Lexology from Robert Laplaca discusses a recent case in the United States District Court of the Southern District of New York regarding websites’ usage of embedded Twitter posts in their content.
In the case Goldman v. Breitbart News Network, LLC, District Judge Katherine Forrest stated that using embedded content from another website still leaves the user liable to claims of copyright infringement.
Judge Forrest said, “Having carefully considered the embedding issue, this Court concludes, for the reasons discussed below, that when defendants caused the embedded Tweets to appear on their websites, their actions violated plaintiff’s exclusive display right; the fact that the image was hosted on a server owned and operated by an unrelated third party (Twitter) does not shield them from this result.”
United States District Court of the Southern District of New York. Goldman v. Breitbart News Network, LLC. 15 Feb. 2018, www.eff.org/files/2018/02/15/goldman_v_breitbart_-_opinion.pdf.