Embedding violates a copyright holder's display right

Mr. Nicklen took a video of a starving polar bear. Sinclair Broadcasting embedded the video on their own sites. By embedding the video, the video appeared in Sinclair publications even though the reader took no action to retrieve the video.

A federal district court recently held that embedding a copyrighted work violates the copyright holder's exclusive display right. Nicklen v. Sinclair Broadcast Group, Inc., et al., S.D.N.Y. July 30, 2021. To hold otherwise would be to “make[] the display right merely a subset of the reproduction right.”

Be careful if you use embedding tools.

Photo by Annie Spratt on Unsplash