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Fair Use Applied to Embedded Photograph

By Stephen M. Kramarsky
January 01, 2021

The extremely flexible character of social media has required equal flexibility in courts' intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.

Take, for example, the problem of embedded content. Social media is as much about re-publication as it is about original creation. Much of the appeal of Twitter and Facebook comes from the sharing and re-sharing of information originally posted by others. With embedding content — sharing content via a "live link" to the original work — if the original publisher makes a change or takes the content down, that change is reflected in the embedded version.

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