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Where Does Content Use Stand Now After Recent Rulings on 'Embedding' Foreshadow Circuit Split?
When and how can you display someone else's visual content on your website without running afoul of copyright law? When and how can someone else display your visual content?
A recent ruling out of the Southern District of New York, Opinion & Order, Nicklen v. Sinclair Broadcast Group, Inc., No. 1:20-cv-10300 (S.D.N.Y. Jul. 30, 2021), may upend the current paradigm.
In Nicklen, a wildlife photographer and 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. 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, 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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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.
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.
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The Anti-Assignment Override Provisions
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