Valnet Inc. Clinches Significant Win in Embedding Case After Supreme Court’s Denial to Hear Appeal

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MONTREAL — On April 28, 2025, in McGucken v. Valnet Inc., Case No. 24-1040, the U.S. Supreme Court declined to consider a photographer’s challenge to a Ninth Circuit decision affirming dismissal of his copyright infringement claims against Valnet. The Supreme Court’s rejection of the certiorari petition marks the end of the road for photographer Elliot McGucken, whose claims and arguments against Valnet were rejected first by Judge Josephine L. Staton of the Central District of California in January of 2024, and then again by the Ninth Circuit panel last year.

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The case involved the applicability of the “server test,” which insulates website operators from liability for copyright infringement when photographs are not “stored” on their servers, but rather are “embedded” on their websites. In 2023, McGucken filed a copyright infringement lawsuit against leading digital media publisher, Valnet, for embedding his photographs in various articles on Valnet’s publication, TheTravel.com. McGucken filed and pursued his lawsuit against Valnet despite binding authority holding that such conduct cannot give rise to copyright infringement. In line with such authority, the district court dismissed the case and the Ninth Circuit affirmed the dismissal, both siding with Valnet on all accounts.

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Given the ubiquitous practice of embedding online and the broad implications of this case, Valnet garnered support from high-profile amici who filed briefs supporting its positions. These organizations included Google, Pinterest, the Wikimedia Foundation, the Organization for Transformative Works, the Electronic Frontier Foundation, the Computer & Communications Industry Association, the American Library Association, the Association of Research Libraries, and the Authors Alliance.

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The continued viability of the “server test” represents an important win for many industries which disseminate information online, furthering the goals of both copyright law and the Internet.

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Valnet was represented in this matter by outside counsel David A. Steinberg, Marc E. Mayer, and Marissa B. Lewis of Mitchell Silberberg & Knupp, as well as its in-house counsel, Yury Smagorinsky, General Counsel and Vice President, Legal Affairs, and Nicholas Turk, Legal Counsel.

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About Valnet:

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Founded in 2012, Valnet Inc. is a leading digital publishing and media investment company that owns and operates over 25 authoritative publications across diverse verticals, including entertainment, sports, technology, automotive, gaming, lifestyle, and travel. Valnet specializes in acquiring, operating, and growing digital publications that hold strategic importance in their respective markets. A global company, Valnet operates offices in Montreal, Miami, New York, Virginia, and Halifax. Valnet is recognized on the annual Bellwether Publisher list as a publisher operating with high integrity and meeting the highest quality standards.

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