Having carefully considered the embedding issue, this Court concludes, for the reasons discussed below, that when defendants caused the embedded Tweets to appear on their websites, their actions violated plaintiff’s exclusive display right; the fact that the image was hosted on a server owned and operated by an unrelated third party (Twitter) does not shield them from this result.

Every sentient person knows you don't go trolling in Google Images and then reproducing what you find commercially. For these news orgs to just grab stuff off the social media and ignore attribution ... well ... I understand the fair use argument, but it's not like there aren't tens of thousands of photos of Tom Brady around. The big boys will probably get this set aside on an appeal, but it's not good news for photographers. We'll start embedding our copyright information visibly.

Later: I'M WRONG. I misunderstood the nature of this issue - I thought they were PRINTING the images without consent. That they are just embedding Twitter links ... well ... this judge needs to smell the 21st Century. So my above opinion is WRONG. Next time, I'll choose a better originating news org to link from. Filed under 'Corrections' here.