Magazine publisher Townsquare Media Inc. must face a revived copyright claim over embedding of a video showing basketball legend Michael Jordan breaking up a fight, but not of a video showing rapper Melle Mel criticizing Eminem.
A court prematurely found Townsquare’s Twitter embed of Delray Richardson’s Jordan video was fair use, but YouTube’s terms of service allowed the Melle Mel video embed, the US Court of Appeals for the Second Circuit said. The lower court also misapplied the “de minimis” doctrine—allowing small, insignificant use—with regards to both videos, Judge Gerard E. Lynch’s opinion said.
The unanimous decision noted a controversial ...
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