Recent copyright cases challenging the practice of embedding links to content

Recent copyright cases have challenged the practice of embedding links to content as a copyright violation. A recent Law360® Analysis explores why Social Media Embeds Riskier Than Ever After Latest Ruling. There are a number of closely watched cases pending right now. These have been covered in Law360 in BuzzFeed Faces Copyright Fight Over Instagram Embeds and Mashable Settles Copyright Fight Over Instagram Embeds. The Lexis® service has a number of resources available to you to keep ahead of clients’ needs.

• Embedding Social Media Suddenly Looks Risky For Websites (Law360 analysis on Lexis)
• To Embed, or Not to Embed, that is the Question; Would Shakespeare Post Hamlet on Instagram in 2020?
• 3 The Law of Advertising § 56.05
• Copyright Infringement Claims, Remedies, and Defenses Standards Chart (2d Cir.)
  Use these standards charts when drafting memoranda or briefs in copyright litigation that require citation to Second Circuit law.
• Copyright Fundamentals
  Learn about key copyright law principles such as the requirements for copyright protection, ownership, preemption, exclusive rights, limitations on copyright protection, enforcement and remedies.
• Exclusive Rights of Copyright Owners
  Learn about copyright owner rights with a discussion of embedding rights under Display Rights.
• Substantial Similarity Fundamentals
  Take a deeper dive into the nuances of substantial similarity, including how the substantial similarity test varies across circuits, how it is applied to different types of works, and evidentiary and practical considerations.
• Fair Use Considerations
  Learn more about the fair use defense in copyright law and how to advise clients on fair use.
• Judge Jed Rakoff’s Fair Use Citations
  Explore the specific language and cases your judge relies on most often on your client’s legal issues.