To Link or Not to Link: Embedding Content and Copyright Infringement

Written by Leo M. Lichtman A few weeks ago, we reported on Nicklen v. Sinclair Broad. Co., a case out of the Southern District of New York that expressly rejected the “server test” established by the Ninth Circuit in Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146, 1160 (9th Cir. 2007).  The server test sets forth a limitation for when a copyrighted work is … Continue reading To Link or Not to Link: Embedding Content and Copyright Infringement

Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

Written by Leo M. Lichtman A polar bear is currently at the center of an important copyright dispute in the Southern District of New York in a case that could hold major implications over the scope of a copyright holder’s exclusive display rights.  See Nicklen v. Sinclair Broad. Grp., 2021 WL 3239510 (S.D.N.Y. July 30, 2021). The case was filed by Paul Nicklen, a nature … Continue reading Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test