News & Analysis as of

Photographs Terms of Use

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

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

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

Snell & Wilmer on

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

BakerHostetler

A Snap Shot on Inadvertent Licensing Through Social Media

BakerHostetler on

On April 13, 2020, Judge Kimba Wood, of the U.S. District Court for the Southern District of New York, clarified what we knew to be true: Makers and creators should read social media sites’ Terms of Use and other posted...more

K&L Gates LLP

Photographer Unsuccessful in Copyright Case Over Use of Embedded Instagram Photo

K&L Gates LLP on

User beware – you will be held to a social media platform’s terms of use. Most people are aware by using a social media platform that they give up some rights to the content that they share. What rights and to what extent...more

Robins Kaplan LLP

Facing the Music: Protecting Photography in the Age of Instagram

Robins Kaplan LLP on

Digitization, The Internet, And Social Media Have Changed Much About Our World. Among Them Is The Additional Exposure—but Also Vulnerabilities—photographers And Content Creators Face On Instagram. This Article Analyzes The...more

Manatt, Phelps & Phillips, LLP

The North Face’s Wikipedia Stunt Goes South

The North Face started an avalanche of controversy when it inserted the brand into Wikipedia entries about well-known mountain peaks to improve the company’s search engine results. The company’s agency in Brazil, Leo...more

Womble Bond Dickinson

Best Practices for Using Third-Party Content on Your Company’s Website

Womble Bond Dickinson on

Does your company’s website include or link to third-party content? If so, there are potential legal issues that may arise under copyright law and website terms of use that can be minimized or avoided by implementing some...more

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