We Don't Know the 2nd Circuit's Position on Embedding and Copyright Infringement
The case revolves around copyright infringement related to the embedding of videos by Townsquare's XXL publication. Delray Richardson, the videographer, challenged the use of both the Michael Jordan and Melle Mel videos. The court did not resolve the central question of whether embedding constitutes infringement, as the case was defended on other grounds.
- ▪Delray Richardson owns the copyrights to the videos in question.
- ▪XXL embedded the Jordan video and the Melle Mel video in their articles.
- ▪The court questioned the transformativeness of XXL's embedding but did not provide a definitive ruling.
Opening excerpt (first ~120 words) tap to expand
This case involves two videos: a video of basketball legend Michael Jordan breaking up a fight, and a video interview with rapper Melle Mel. Videographer Delray Richardson owned the copyrights to both videos. Townsquare operates XXL, an online hip-hop news publication. A Twitter account, DailyLoud, posted the Jordan video to X. XXL embedded it in a story about the video. The Art of Dialogue posted the Melle Mel video to YouTube, and XXL embedded that in a story about the interview. XXL also used screengrabs from the videos in its news coverage of the associated stories. Richardson challenged both the embedding and the screengrabs. My prior blog post on this case. Embed/in bed The central question in the case is whether embedding is infringing. We don’t get an answer to that question.
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Excerpt limited to ~120 words for fair-use compliance. The full article is at Technology & Marketing Law Blog.
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