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Recent Court Rulings on 'Embedding' Foreshadow Split In Circuits
When and how can someone else's visual content be displayed on a website without the website operator running afoul of copyright law? When and how can someone else display the website operator's visual content? A recent ruling out of the U.S. District Court for the Southern District of New York — on a popular practice at the center of these issues for entertainment and media companies — may upend the current paradigm. Nicklen v. Sinclair Broadcast Group Inc., No. 1:20-cv-10300 (S.D.N.Y. 2021).
In Nicklen, a wildlife photographer/videographer posted original footage of a starving polar bear to his Instagram and Facebook accounts, highlighting the impact of global warming. The video went viral. The defendants, a news outlet and publishing group, posted the video in full on their websites. In posting the video, they did not copy the video and stream it from their servers. Instead, the defendants posted Hyper Test Markup Language (HTML) that directed web browsers to retrieve the video from the social media servers for viewing on the defendants' websites. This is known as "embedding." It links to the original post without storing the work on a server or creating a copy of it. The video of the polar bear appeared within the body of the defendants' article even when a reader took no action to retrieve the video or navigate to Nicklen's social media accounts, and even when a reader did not have a Facebook or Instagram account. Nicklen brought suit claiming that this violated his exclusive reproduction, distribution and display rights under the Copyright Act.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.