On December 22, the News/Media Alliance along with other news associations filed an amicus brief in the United States Court of Appeals for the Fifth Circuit in support of the appellant in Emmerich Newspapers v. Particle Media (dba Newsbreak), a case concerning Newsbreak’s unauthorized framing to display entire pages of Emmerich Newspapers content within Newbreak’s application surrounded by Newsbreak’s own ads and without commentary or visible links back to the news organizations’ websites. The brief urges the Court not to extend the server test to justify the use of creative engineering that harms the news publishing industry or erodes copyright protections. At the same time, it asks the Court to take into account the nuances presented by this issue, and to minimize disruption for responsible new publishers who have reasonably relied on established law for historic embed use, as well as other legal doctrines.
