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Kelley Drye & Warren LLP

NY Case Addresses Publicity Rights for People in the Background of Social Media Photos

This month, we posted about a lawsuit that an NBA Hall of Fame player filed against a company that allegedly used his image to sell products without his permission. Regardless of how that case turns out, it’s pretty clear you...more

Segal McCambridge

A Picture Is Worth A Thousand Words – But Not Dollars: A New York Court Case Explains

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Have you ever snapped a picture at a store opening or a friend's event, only to find yourself unexpectedly captured in someone else's social media post? You might wonder if that's okay, especially if the person who posted...more

BCLP

Digital Speaks: Don’t Be Shy, Disclose Ai!

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With adoption of generative AI tools scaling exponentially amongst content creators, companies need to be vigilant to ensure all content posted on social media platforms complies with user guidelines about AI, especially...more

Blake, Cassels & Graydon LLP

Entrée en vigueur de la Intimate Images Protection Act de la Colombie-Britannique

La loi de la Colombie-Britannique intitulée Intimate Images Protection Act (la « Loi ») et le règlement y afférent intitulé Intimate Images Protection Regulation (le « Règlement ») entreront en vigueur le 29 janvier 2024. La...more

Blake, Cassels & Graydon LLP

B.C.’s Intimate Images Protection Act Coming Into Force

British Columbia’s Intimate Images Protection Act (Act) and Intimate Images Protection Regulation (Regulation) will come into force on January 29, 2024. The Act and Regulation provide a civil remedy for those whose intimate...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

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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

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

Dorsey & Whitney LLP

The Supreme Court Update - May 18, 2023

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Today, the Supreme Court of the United States issued six decisions: Amgen Inc. v. Sanofi, No. 21-757: This case addressed the Patent Act’s “enablement” requirement—the provision that requires a patent applicant to describe...more

Vondran Legal

Are your website photos all licensed?

Vondran Legal on

Attorney Steve® Photo Infringement News for Real Estate Professionals - My law firm is a boutique intellectual property law firm with a strong focus on copyright issues, including photographs and drone videos.   We are...more

Kilpatrick

5 Key Takeaways | IP: Beyond the Basics

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Kilpatrick Townsend's Crystal Genteman recently presented "IP: Beyond the Basics" for the Association of Corporate Counsel Georgia Chapter. These are the 5 key takeaways from her presentation....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

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Spirit Legal

Plötzlich Parteisympathisant: Fotos im modernen Meinungskampf

Spirit Legal on

Bilder für politische Werbung: Datenschutzrecht, Persönlichkeitsrecht, Urheberrecht – Politische Parteien können sich einer Vielzahl von Ansprüchen ausgesetzt sehen, wenn sie Fotos verwenden, ohne die Rechte hinreichend...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

Weintraub Tobin

Podcast - The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk

Weintraub Tobin on

In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed, over its practice of embedding images from social media pages into their website. ...more

Weintraub Tobin

The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk

Weintraub Tobin on

In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright lawsuit against Buzzfeed, over its practice of embedding images from social media pages into their website. ...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - This Lawsuit Could Change Paparazzi Mood Forever – An Update on the Ratajkowski /...

Weintraub Tobin on

In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on a copyright lawsuit against model Emily Ratajkowski, for sharing images taken of her by paparazzi on her social media...more

Weintraub Tobin

The Briefing from the IP Law Blog: This Lawsuit Could Change Paparazzi Mood Forever – An Update on the Ratajkowski / Paparazzi...

Weintraub Tobin on

In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on a copyright lawsuit against model Emily Ratajkowski, for sharing images taken of her by paparazzi on her social media...more

Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

Saiber LLC on

In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more

Foster Garvey PC

Intellectual Property Rights in the Crosshairs as Lawsuits Involving Disney and Facebook Surface

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- What will the “Endgame” be for the lawsuit between Walt Disney Company and former Marvel comic book creators? In the spring of this year, a host of famed artists and illustrators of Marvel characters such as Iron Man,...more

Morgan Lewis - Tech & Sourcing

Like Embedded Content, Server Test on Display – A Conversation with Andrew Gray

As part of our Spotlight series, we connect with Andrew J. Gray IV, a partner in Morgan Lewis’s IP-Technology group, to discuss the recent focus on embedded copyright cases based on a court’s unwillingness to apply the server...more

Foster Garvey PC

Sports & Entertainment Spotlight: The Dawn of the NIL Era in College Sports

Foster Garvey PC on

Well, today is the big day. If you’re reading this week’s installment of the Spotlight, it means that you survived the long and arduous journey of the name, image and likeness (NIL) era in college sports. Indeed, with the...more

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