National Law Review
To Embed or Not to Embed?: A New Challenge to Embedding Images From Social Media
Embedding content from a social media site in one’s website initially seemed to be a safe harbor from a copyright infringement claim. In 2007, the Ninth Circuit adopted the so-called “server test,” ruling that in-line linking of images – now more commonly referred to as embedding – did not violate the exclusive display, copying or distribution rights of the copyright holder because, via HTML instructions, users are only directed to the website where the images are stored.That ruling, at least as to violation of the display right, has recently been rejected, with at least one court finding a violation of a copyright owner’s exclusive display right regardless of whether a third-party server hosted the image.