Copyright Case Over Tweeted Tom Brady Photo Heads Toward Appeal (1)

A trial court’s ruling that an embedded tweet with a photo of NFL quarterback Tom Brady can constitute copyright infringement has been certified for appeal.

The U.S. District Court for the Southern District of New York certified its Feb. 15 ruling against several media outlets, in a decision issued March 19. The outlets had embedded tweets containing a copyrighted picture of Brady into their articles. The court ruled that could infringe the right to display a protected work—even though the photo never resided on the outlets’ servers.

The case will go the U.S. Court of Appeals for the Second Circuit, ...