The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes. For example, the U.S. District Court for the Southern District of New York recently decided an issue involving Twitter and the federal Copyright Act (the Act) that may have significant implications for online publications and, ultimately, for how people view the news.

In Goldman v. Breitbart News Network, No. 17-cv-3144 (KBF) (S.D.N.Y. Feb. 15, 2018), the court was faced with deciding whether an image shown on one website but stored on another website’s server implicated the display rights of the image’s owner within the meaning of the Act. The court’s conclusion—that the actual location of the image had no relevance—could very well change the way stories are published online.

The Case