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Wiley Rein LLP

Photographers’ Challenge to Copyright “Server Test” Implicates Critical Internet Functions

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On August 28, 2023, two photographers filed a petition for rehearing en banc, urging the Ninth Circuit to reconsider its recent decision in Hunley v. Instagram, which held that Instagram could not be held liable for secondary...more

Weintraub Tobin

Social Media Giants and Copyright: Instagram’s Ninth Circuit Win Sets Precedent Against Photographers

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The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. Instagram, LLC, and...more

Weintraub Tobin

Podcast: The Briefing - No CTRL-ALT-DEL For the Server Test

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Alexis Hunley v. Instagram has been referred to as one of the top copyright cases to watch this year. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing....more

Weintraub Tobin

The Briefing: No CTRL-ALT-DEL For the Server Test

Weintraub Tobin on

Alexis Hunley v. Instagram has been referred to as one of the top copyright cases to watch this year. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing....more

Davis Wright Tremaine LLP

"Server Test" Is Reaffirmed (For Now) in Hunley v. Instagram, LLC

On July 17, 2023, in Hunley v. Instagram, LLC, No. 22-15293, the Ninth Circuit reaffirmed the "server test," which protects websites from copyright liability for embedding images that are hosted on another website's server....more

Weintraub Tobin

No CTRL-ALT-DEL in the 9th Circuit for the Server Test

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It has been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, questioned the scope and validity of the Server Test, a copyright doctrine that was established...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Is the Server Test Ready for a Reboot?

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In this podcast episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley, et al v. Instagram, LLC on copyright law, and specifically on the Server...more

Weintraub Tobin

The Briefing by the IP Law Blog: Is the Server Test Ready for a Reboot?

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Weintraub attorneys Scott Hervey and Josh Escovedo discuss the impact of Alexis Hunley et al v. Instagram, LLC on copyright law, specifically on the Server Test. Considered...more

Weintraub Tobin

Is The Server Test Ready for a Reboot?

Weintraub Tobin on

It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by...more

Weintraub Tobin

Instagram Defeats Embedding Lawsuit

Weintraub Tobin on

We previously wrote about a lawsuit filed in the Northern District of California against Instagram regarding the use of Instagram’s embedding tools. The plaintiffs, in that case, are two photojournalists who captured images...more

Barnea Jaffa Lande & Co.

I Shared Someone Else’s photo on Instagram. Did I Commit Copyright Infringement?

Barnea Jaffa Lande & Co. on

Sharing images on Instagram and other social network platforms is such a common practice that we do it without hardly even thinking about it. But we must be aware that sharing a piece of creative content (picture, text, etc.)...more

Royer Cooper Cohen Braunfeld LLC

The Shaky Ground of Unauthorized Embedding

A series of recent cases and settlements involving the unauthorized embedding of images into third-party online content have called into question long-held assumptions that embedding did not infringe upon a copyright holder’s...more

Weintraub Tobin

Recent Case Demonstrates The Need For Caution When Embedding Links To Social Media Posts

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A recent case in the Southern District of New York calls into serious question the ubiquitous practice of embedding photographs on a content creator’s website. An embedded photo is one that is not hosted on the website’s...more

Weintraub Tobin

Copyright Risks Of Posting A “Non-Selfie”

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With the proliferation of social media and the ready access to images on the Internet and on any number of platforms, it’s just so easy to copy an image or video that moves you and post it on your social media accounts. Easy...more

BakerHostetler

AD-ttorneys@law – November 2020 #3

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FTC Tries to Clean Out 25 Fake Disinfectant Websites - But all information about scheme masterminds has been wiped away - Less Is More - There are elaborate schemes out there – boy, have we covered them. Misdirection, shadowy...more

Pillsbury - Internet & Social Media Law Blog

Social Media Posting, Copyright Infringement and the Rights Balancing Act

In a recent social gathering, your friends took a number of photos and circulated it to the group. You see that one shot by a friend is a particularly great photo of you. You repost to your social media account to share with...more

Dorsey & Whitney LLP

Take Two: Photographer’s Copyright Suit Over Embedded Instagram Post is Revived

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We recently blogged about an April 2020 decision of the federal court for the Southern District of New York, which dismissed a copyright infringement suit brought by Stephanie Sinclair, a Pulitzer-Prize winning...more

Tarter Krinsky & Drogin LLP

What Can Instagram Do With Your Publicly Posted Photographs?

When you upload content on Instagram, you can choose to make your post "public" or "private." According to Instagram, not only is the public content accessible and searchable by Instagram's users, the content is also subject...more

Manatt, Phelps & Phillips, LLP

Judge Reverses Prior Dismissal of Copyright Suit on Use of Embedded Instagram Photo

In a major blow to web publishers, Judge Kimba Wood of the Southern District of New York reversed her own ruling from just two months ago and revived a photographer’s copyright suit against Mashable, Inc. (Mashable), over...more

Tarter Krinsky & Drogin LLP

Posting Pictures On Social Media: Do's And Do Not's

Now more than ever before, almost everyone is online, both personally and for business purposes. There is a lot of confusion about posting pictures and images on social media - Instagram, Facebook, Pinterest and other...more

Greenberg Glusker LLP

[Webinar] Entertainment & IP Cases You May Have Missed While Quarantining - May 19th, 10:00 am - 11:00 am PT

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Please join us as three of Greenberg Glusker’s entertainment and media litigators present a round-up of notable intellectual property and entertainment cases from the past few months that you may have overlooked during the...more

Dorsey & Whitney LLP

#igers Beware – Embedded Instagram Post Found Not To Infringe Copyright

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A recent decision of the Southern District of New York shields digital publishers from copyright infringement when embedding public Instagram posts in news pieces posted online. In the case, Stephanie Sinclair, a...more

ArentFox Schiff

Sinclair v. Ziff Davis et al.: Read the Platform’s Terms of Use Before You Post Content to Social Media

ArentFox Schiff on

Most users of social media simply do not appreciate the risks involved in using the platform for its intended purposes—the mass dissemination of content. Indeed, among the benefits and drawbacks of social media is one...more

Snell & Wilmer

Unintended Sublicenses Through Social Media: “Embedding” and the Pitfalls of Public Posts

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In this era of social media and image sharing, it is not uncommon for account holders to make their profiles public in attempt to garner as many followers and as much attention as possible. Social media platforms can be a...more

Bradley Arant Boult Cummings LLP

Looking for Likes: Social Media Post Results in Unintended License to Share Photograph

A New York federal district court has dismissed a photographer’s copyright infringement claims after finding that the photographer gave Instagram the right to sublicense her photograph to the accused infringer, Mashable, Inc....more

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