Credit: momius – Fotolia When 'Visibility' on the Internet Does Not Implicate the 'Display' Right
Courts are split on whether it is copyright infringement to link to or "embed" a post from a social media site intended for sharing posts, when the post (and all of its content) remains on the original server. Does the location of the server matter? Does a new copyright claim accrue anew each day an image is visible on the internet?
September 30, 2022 at 10:00 AM
10 minute read
Copyrights
Today's technology has challenged courts to distinguish the display right under the U.S. Copyright Act, 17 U.S.C. §106(5), which includes the right "to display the copyrighted work publicly." The plaintiffs' copyright bar would have this "right" activated by "visibility" on the internet. But copyright infringement is not always found just because an unauthorized use is "visible" on the internet, nor does the statute of limitations run anew each day a work is visible. In other words, "display" does not mean "visibility."
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