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U.S. Supreme Court,
Civil Litigation,
Intellectual Property,
9th U.S. Circuit Court of Appeals

Mar. 23, 2018

Ruling may lead to split on infringement by tweet

The Southern District of New York disagreed the 9th Circuit about the so-called "server test."

Elliot N. Brown

Phillips ADR Enterprises

complex litigation and intellectual property

Email: ebrown@phillipsadr.com

Harvard Univ Law School

Elliot Brown is a partner in the Los Angeles office of Irell & Manella LLP where he specializes in complex litigation and a broad spectrum of intellectual property matters.

See more...

Ruling may lead to split on  infringement by tweet
Tom Brady after the 2017 Super Bowl. A recent copyright case involves a tweet of a photo of Brady (not the one pictured here) that was embedded on several media companies' websites. (New York Times News Service)

Tweets and other social media are a vital ingredient of today's news. That is not just because of the sitting president's singular Twitter habits, or the prevalent use of social media by other celebrities and public figures. It rather reflects a related phenomenon: The majority of Americans now own, and regularly carry, internet-connected cameras -- aka smartphones. This new reality frequently turns ordinary bystanders to into modern-day Zapruders and accidental papar...

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