Initially filed in California, the case was dismissed by a judge who reasoned that the news outlets merely displayed embedded content without storing or creating copies of the original images. The photographers appealed the decision, but the federal panel upheld the ruling, concurring with California’s stance that embedding does not involve making copies of the underlying content.
While the current ruling may allow third parties to embed photos and videos without the content creator’s explicit consent, the panel of judges acknowledged the “serious and well-argued” policy concerns raised by Brauer and Hunley regarding copyright holders’ control and financial benefits from their work.
