Embedding could result in a Copyright infringement.

Recently the Federal Court of New York (Ninth Circuit) ruled that the infringement of copyright It is also achieved through the simple activity of embedding (i.e. incorporating a tweet into a web page other than that of its author).

The lawsuit was filed by Justin Goldman, a photographer who accused some newspapers internet (including Breitbart, Time, Yahoo, Vox Media and the Boston Globe), of violating the copyright for posting articles linked to a photo he had taken of NFL star Tom Brady.

The photo taken by Goldman was then tweeted by a third party and news outlets inserted a link to the tweet during the news dissemination phase.  

American case law consistently holds that liability for copyright infringement lies with the company hosting the infringing content on its servers, and does not fall on the act of merely linking to the site.

This is generally known as the so-called "server test" (Perfect 10 v. Amazon case) and is a clear and easy to interpret rule as well as a legal foundation of the modern era. Internet ” in the USA.

If the principle contained in the ruling issued by the New York Federal Court were to be followed by other courts, the decision would seriously jeopardize the practice of embedding.