Court Strengthens Protection for Visual Artists

In November 2023, we discussed the “server test” (or server rule) as a controversial defense to copyright infringement used by website operators. To reiterate the basics, when a web platform “displays” a work (usually a photograph or illustration) by embedding a link that points to another party’s server, the Ninth Circuit has held that thisContinue reading “Court Strengthens Protection for Visual Artists”

The “Server Test” – A Shell Game in Copyright Law

Suppose you come across one of your images on a news site, blog, or promotional site– a common occurrence for many creators. You’re certain that you didn’t give permission to use the image, but when you contact the site owner about the use, they tell you it isn’t on their website. But of course, itContinue reading “The “Server Test” – A Shell Game in Copyright Law”