Tom Brady Photo May Break the Internet

Please see my new blog post at Dorsey’s The TMCA Blog.  Thanks to them for giving a shoutout to a new fellow Dorsey blog.

What’s interesting is that I’m linking my post here at the Law of Technology to my post at the The TMCA Blog, and while that post is proper under copyright law, if it were not it may raise similar copyright issues that are in the Goldman case about whether websites can properly link to images in other websites.  That’s a very fundamental aspect of sharing content over the Internet.

Note that I’m not using the same photo that is at issue in the case, as the defendants in that case all used that photo of Tom Brady to report on an event surrounding that photo are in dispute , Goldman v. Breitbart News et al. (SDNY Feb. 15, 2018, ruling certified Mar. 19, 2018).

So while I jokingly said that the Tom Brady photo involved in the Goldman case may break the Internet, but that may not be far off if websites cannot present information by linking to another website.   Stay tuned for an update as this case is appealed to the Second Circuit.

Court Case Finding that Embedded Photos Can Trigger Copyright Liability Certified for Appeal

Jeremy T. Elman

Jeremy T. Elman

Jeremy is a trial lawyer who focuses on high-stakes patent litigation in courts across the country, as well as trademark, copyright and trade secret cases.

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