Pryor Cashman Partner Ross M. Bagley, a member of the firm’s Litigation and Intellectual Property Groups, was quoted in a Law360 article discussing the Fifth Circuit’s recent decision in Emmerich Newspapers Inc. v. Particle Media Inc., a closely watched case involving copyright liability for online content embedding.

The article, "Online Embedders May Like 5th Circ.'s Pivot On Server Test," examines the court’s rejection of the Ninth Circuit’s longstanding "server test" in favor of a new transmission-focused framework for evaluating display-right claims. While the Fifth Circuit altered the legal analysis, Ross noted that the practical outcome for many embedders may remain largely unchanged.

Commenting on the decision, Ross explained:

"The server test says you can't display what isn't on your server. The new test says you can't transmit what you don't have. It remains to be seen whether there's any meaningful daylight between the two in practice."

Ross’s insights highlight the evolving legal landscape surrounding online content distribution, digital publishing, and copyright enforcement.

Read the full article using the link below.