As social media platforms such as Instagram and Snapchat have gained popularity, so too has the practice of “embedding.” Embedding is the incorporation and display by a third-party website of social media posts containing photographs or other content that is stored on and retrieved from the social media posting platform.

We report here on several recent cases in New York federal courts that addressed the unsettled question of whether news organizations and other publishers infringe an author’s rights by embedding social media posts containing copyrighted photographs. Goldman v. Breitbart News Network, LLC, 302 F. Supp. 3d 585 (S.D.N.Y. 2018); Sinclair v. Ziff Davis, LLC, 454 F. Supp. 3d 342 (S.D.N.Y. 2020), reconsidered, 2020 WL 3450136; McGucken v. Newsweek LLC, 464 F. Supp. 3d 594 (S.D.N.Y. 2020); Walsh v. Townsquare Media, Inc., 464 F. Supp. 3d 570 (S.D.N.Y. 2020); Boesen v. United Sports Publ’ns, Ltd., No. 20-CV-1552, 2020 WL 6393010 (E.D.N.Y. Nov. 2, 2020).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]