Fifth Circuit rules NewsBreak not liable for displaying embedded newspaper articles
The Fifth Circuit Court of Appeals held that NewsBreak does not infringe Emmerich Newspapers' copyright when showing embedded articles on its app.
In a decision released Thursday, the Fifth Circuit affirmed a lower court ruling that NewsBreak’s display of embedded articles does not violate Emmerich Newspapers’ copyright. The panel, comprising judges Stephen Higginson, Carolyn King and Kyle Duncan, reasoned that Emmerich, not NewsBreak, is the party that actually transmits the content to readers. Their analysis departed from the Ninth Circuit’s “server test,” instead emphasizing a “transmit requirement” that a website must not send a work it does not own.
The court also addressed whether URLs constitute copyright management information under the DMCA, indicating that some could but leaving the determination to future cases. Emmerich’s attorney, Wilson Carroll, expressed satisfaction with the outcome, while Particle Media, NewsBreak’s parent company, declined to comment. The ruling highlights potential challenges for online platforms that rely on linking and URL shortening practices.
Why it matters
The decision clarifies how copyright law applies to news aggregators, affecting digital publishing and linking practices.
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