Think Before You Link: Embedding Twitter Photographs Can Be Infringement, Judge Rules
Last week, the United States District Court for the Southern District of New York ruled embedding a copyrighted photo that had been posted to Twitter constituted copyright infringement. This ruling may result in a widespread change in licensing practices for online content.
In Goldman v. Breitbart News Network LLC et al., case number 1:17-cv-03144, photographer Justin Goldman took a photo of Tom Brady of the New England Patriots meeting with the Boston Celtics’ General Manager, Danny Ainge, in East Hampton in 2016. Goldman posted the image to Snapchat – the short-term messaging app where posted content disappears after a predetermined period of time. Goldman’s photo, however, did not disappear from the internet. The image was re-posted to various social media outlets, including Twitter. The defendants in the instant litigation – a handful of media outlets – then embedded third party tweets containing the image into articles on their respective websites. Goldman subsequently filed suit for copyright infringement.
*This alert was originally posted on Arent Fox's Fashion Counsel blog. To read this alert in its entirety, please click here.