3 Count: Embedded Infringement

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1: EU High Court Finds Embedded Images Can Violate Copyright Rules

First off today, Molly Quell at Courthouse News Service reports that The European Court of Justice has held that embedding images in a website without permission can be a copyright infringement as long as the copyright holder took steps to prevent it.

The battle pitted the Prussian Cultural Heritage Foundation against the German rights collection society VG Bild-Kunst. The foundation, among other things, operates a digital library displaying smaller versions of works of art that they feel are relevant. They worked with VG Bild-Kunst in this operation, but the rights agency demanded that the foundation include anti-embedding technology, which the foundation declined to do.

This led to a lawsuit over the issue of whether embedding an image was a communication to the public. The court had previously held that simply hotlinking to something was not a communication but ruled that embedding and framing is different than hotlinking. As such, the organization will be obligated to implement the anti-embedding technology in its original contract.

2: Pirate Monitor Exits YouTube Class Action Piracy Lawsuit, Maria Schneider Persists

Next up today, Andy Maxwell at Torrentfreak writes that the company Pirate Monitor has exited a class action lawsuit against YouTube though musician Maria Schneider is staying behind to face YouTube alone.

The case was filed in the summer of 2020 where Schneider and Pirate Monitor argued that YouTube was luring customers in with their library of content but not doing enough to stop pirated works. Specifically, they complained that YouTube was withholding access to the Content ID system to them.

However, as the case unfolded, it was revealed that Pirate Monitor had been engaged in questionable activities, namely the uploading of videos specifically so they could issue takedown notices on them. As a result of this, Pirate Monitor has agreed to dismiss themselves from the case, leaving Schneider as the sole plaintiff. However, Schneider already has access to Content ID through her publisher, meaning the future of the lawsuit is in doubt.

3: Alaska Native Group, Neiman Marcus Settle Copyright Suit

Finally today, the Sealaska Heritage Institute, an Alaskan Native cultural organization, has reached a settlement with the luxury brand Nieman Marcus in their lawsuit over a coat that featured a copyright-protected design based on Indigenous culture.

The lawsuit was filed in April 2020 and accused Neiman Marcus of copying the Ravenstail design and placing it on a coat. The two sides have been litigating ever since but now it appears that they have reached a settlement, which brings the case to a close.

The terms of the settlement were not disclosed though it was noted that there may be some public-facing changes caused by it down the road.

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