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Intellectual PropertyCopyrightsFeaturesSocial MediaTechnology Media and TelecomThe Intellectual Property Strategist

Copyright Law in the Age of Twitter

By Shari Claire Lewis

The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes. For example, the U.S. District Court for the Southern District of New York recently decided an issue involving Twitter and the federal Copyright Act (the Act) that may have significant implications for online publications and, ultimately, for how people view the news.

In Goldman v. Breitbart News Network, No. 17-cv-3144 (KBF) (S.D.N.Y. Feb. 15, 2018), the court was faced with deciding whether an image shown on one website but stored on another website's server implicated the display rights of the image's owner within the meaning of the Act. The court's conclusion — that the actual location of the image had no relevance — could very well change the way stories are published online.

The Case

The case arose on July 2, 2016 when Justin Goldman photographed Tom Brady, the New England Patriots quarterback, and an executive from the Boston Celtics basketball team on a street in East Hampton. Goldman uploaded the photo to Snapchat, where it went viral, reaching Twitter.

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