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Instagram Copyright

Dorsey & Whitney LLP

Bridal Fashion Label and Designer Straighten Social Media Ruffles in Bankruptcy Deal

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The 2010s were a heyday for bridal fashion. TLC’s “Say Yes to the Dress” reality series captivated viewers watching brides navigate family opinions and emotions while shopping for “the dress” at Kleinfeld’s Bridal in New York...more

Womble Bond Dickinson

Brands & Influencers Beware! Popular Songs on Social Media at the Heart of Copyright Infringement Lawsuit

Womble Bond Dickinson on

Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more

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

Weintraub Tobin on

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

Weintraub Tobin on

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?

Weintraub Tobin on

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?

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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

Spirit Legal

Urheberrechtsreform 2021 Teil 4: Verantwort­lich­keit der Dienste­anbie­ter nach dem UrhDaG

Spirit Legal on

Mit dem Urheberrechts-Diensteanbieter-Gesetz (UrhDaG) wird ein völlig neues Haftungsregime in Deutschland etabliert. In diesem Beitrag werfen wir nun einen näheren Blick auf die Voraussetzungen, unter denen Diensteanbieter...more

Spirit Legal

Urheberrechtsreform 2021 Teil 2: Das Urheberrechts-Diensteanbieter-Gesetz (UrhDaG)

Spirit Legal on

Nach dem Bundestag hat am 28.05.2021 nunmehr auch der Bundesrat den Gesetzesentwurf zur Anpassung des Urheberrechts an die Erfordernisse des digitalen Binnenmarktes mit der erforderlichen Mehrheit verabschiedet. Die...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

Foster Garvey PC

Sports & Entertainment Spotlight: Rihanna's Savage X Fenty Lingerie Brand is Reportedly on the Verge of a $3 Billion IPO, and...

Foster Garvey PC on

This past week, I have realized my place is still on the blogosphere and not in the stands. That time will come. But it’s not now. I love my readers, and I love my supportive family. Without them, none of this is possible....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

Morrison & Foerster LLP - Social Media

Social Links: Embedding social media posts can be considered copyright infringement…but is it?

Social Links is our ongoing series here at Socially Aware that rounds up current developments at the intersection of social media, policy, research, and the law. Embedding social media posts can be considered copyright...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

Weintraub Tobin on

In this week's podcast episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to...more

Weintraub Tobin

The Briefing by the IP Law Blog: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

Weintraub Tobin on

In this week's episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the...more

Weintraub Tobin

Don’t Film So Close To Me: Can Copyrighted Music Keep Vids Of Police Encounters Off The Internet?

Weintraub Tobin on

Over the past few weeks, there have been a number of news articles and stories about police officers playing popular music during a citizen/officer interaction that is being filmed by the citizen. For example, Vice reported...more

McAfee & Taft

Navigating the social media maze of copyright

McAfee & Taft on

Businesses, more than ever, have an increased focus on social media and other online marketing. But, by advertising online, companies may be allowing others to use their content without consent. When you post online, the...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

Weintraub Tobin on

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”

Weintraub Tobin on

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

ArentFox Schiff

New York Court Declares Embedded Instagram Post to be Fair Use, Further Splintering Treatment of Social Media Embeds

ArentFox Schiff on

In March 2020, photographer Michael Barret Boesen filed suit against the owner of sports news website, LongIslandTennisMagazine.com claiming that the website infringed on his copyrights by embedding an Instagram post...more

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