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Does Embedding/Framing Violate the Display Right?

Whether embedding or framing violate the display right in §106(5) of the Copyright Act continues to divide the courts. The Ninth Circuit’s server test has been rejected by Brietbart and other district court cases and Instagram will no longer grants sublicenses to users who seek to embed content posted on its site. Whether internet sites will face liability for embedding going forward is increasingly likely. …Continue reading Does Embedding/Framing Violate the Display Right?

Idea/Expression Distinction in Determining Substantial Similarity in Copyright Litigation

For the past 4 years I have been teaching a copyright litigation seminar at Cornell Law. Rather than use a textbook I wrote my own. I prepared nine primers dealing with key issues in copyright litigation. The primers are not exhaustive but are instead designed to introduce a copyright topic as simply as possible. I will be posting all nine under a tab […]…Continue reading Idea/Expression Distinction in Determining Substantial Similarity in Copyright Litigation