Article
Is Embedding Someone Else’s Image Copyright Infringement? The Fifth Circuit May Finally Tell Us
The Fifth Circuit is poised to decide whether embedding content from external servers constitutes copyright infringement, a question that could reshape how the internet functions. With district courts split and the Ninth Circuit's "server test" under fire, Emmerich Newspapers v. Particle Media may finally force the Supreme Court to resolve whether invisible technical distinctions should determine liability when users see identical results.
Gesmer Updegrove LLP