A recent SDNY federal court decision (Goldman v. Breitbart et al, case no. 17-cv-3144, rel. 2/15/18) has led to new copyright liability concerns among website owners and their counsel. Those concerns are shared by, inter alia, various media, public policy and consumer groups.

Here’s the back story. In the summer of 2016, plaintiff Justin Goldman snapped a photo of Tom Brady (Boston Patriots quarterback) and Danny Ainge (Boston Celtics general manager), among others, on the street in East Hampton. Shortly thereafter, Goldman uploaded the photograph to Snapchat. The photo then went viral across various social media platforms, including Twitter where it was uploaded by several other users.