Better Copyright Protect For Visual Artists

The difference is in following the meaning of a law rather than the letter of the law.

John Iovine
3 min readSep 29, 2024
Licensed

Court Increases Copyright Protection for Visual Artists

In a significant development for visual artists and copyright holders, a recent court decision has challenged the long-standing “server test” defense against copyright infringement. This ruling by the District Court for Utah marks a pivotal shift in how the law interprets the display of copyrighted works online, potentially offering stronger protections for creators in the digital age.

The Server Test: A Controversial Defense

The “server test,” established in 2007 by the Ninth Circuit Court in the case of Perfect 10 v. Google, has been a contentious issue in copyright law for over a decade. This rule posited that website operators were not infringing on copyrights when they embedded links to images hosted on third-party servers rather than storing them on their servers.

To embed an image from someone else’s server is pretty easy. The following example will embed an image from my website.

<img…

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John Iovine
John Iovine

Written by John Iovine

Science writer, thinker, self-experimenter, focusing on personal development and health — www.john-iovine.com

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