The CoStar Group has settled copyright infringement against rival Xceligent with the commercial real estate data conglomerate being paid $10.75 million by its competitor’s insurers, although according to court filings that’s a fraction of the $450 million CoStar initially sought. CoStar and Xceligent's court-appointed bankruptcy trustee filed a proposed judgment in Delaware Bankruptcy Court, finding Xceligent liable for $500M in damages for stealing tens of thousands of images from CoStar's databases. Xceligent, which filed for Chapter 7 bankruptcy liquidation in December 2017, doesn't have the assets to fulfill the entire $500M ruling. BisNow says that the parties reached a settlement through which Xceligent's insurers will pay CoStar $10.75M. The bankruptcy settlement and judgment in the copyright infringement case are both subject to court approval.
The settlement of a case between photographer Robert Barbera and CBS over the 'use' of Barbera's photo of Justin Beiber has left open the question of whether the unauthorised embedding of a social media posts that contain copyright-protected photos amounts to copyright infringement - leaving some of the issues in the Goldman v. Breitbart lawsuit unanswered: That case concerned embedded tweets that featured a photo of football star Tom Brady - but the case was voluntarily dismissed in May. In a highly-contested decision in early 2018, Judge Katherine Forrest of the U.S. District Court for the Southern District of New York determined that a handful of media companies, including Vox, Time, Yahoo, and Breitbart, among others, had infringed a copyright-protected image that Eric Goldman took of Tom Brady by embedding third-party tweets that contained the image into articles on their websites. Finding for Goldman, Judge Forrest’s February decision was a stark contrast to the general agreement among U.S. courts that when a party embeds a photo into an article, and thus, does not actually create a copy of the image or store it on its server, there is no new “display” of the photo for copyright purposes, and as a result, no copyright infringement - although case such as Perfect 10, Inc. v. Amazon.com, Inc in 2007 are themselves not without critics who disagreed with the appellate court ruling that embedding does not require that an image be copied or stored, and thus, does not run afoul of copyright law. More on The Fashion Law website here. Robert Barbera's Image from complaint.
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