Ninth Circuit Upholds 'Server Rule' for Embedded Content in Copyright Cases
The Ninth Circuit Court of Appeals has upheld the 'server rule' in copyright infringement cases involving embedded content, as seen in the recent decision Hunley v. Instagram. The ruling, which has been widely accepted, allows websites to embed content from other sites without direct copyright infringement.
The panel in Hunley found no issues with the statutory analysis of the server rule, reaffirming that it could only be overturned by the full Ninth Circuit sitting en banc. The court relied on its 2007 precedent in Perfect 10 v. Amazon.com and distinguished the Supreme Court's decision in American Broadcasting Companies v. Aereo, noting fundamental differences in public performance and display rights.
The panel acknowledged that the Ninth Circuit had previously interpreted Aereo as maintaining its volitional conduct requirement. However, the court overlooked a critical factual difference between Aereo and Hunley, as pointed out by the plaintiffs. Despite this, the Ninth Circuit's decision in Hunley v. Instagram supports the server rule's contribution to social media growth.
The Ninth Circuit's affirmation of the server rule in Hunley v. Instagram ensures that websites embedding content from other sites are not directly responsible for copyright infringement. However, the court's oversight of a critical factual difference between Aereo and Hunley may leave room for future debate and interpretation regarding the application of the server rule.
