News & Analysis as of

Photographs Third-Party

BCLP

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

BCLP on

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

Wiley Rein LLP

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

Wiley Rein LLP on

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

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

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

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

McDermott Will & Emery

Buzz-sawed: Give Copyright Credit or Face Statutory Damages, Fees, Costs

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit affirmed a district court’s award of statutory damages where the defendant knowingly distributed a photograph without first getting permission to use the photograph. Gregory...more

Hogan Lovells

U.S. – District Court reversed: No fair use defense for Adams Morgan neighborhood photo

Hogan Lovells on

The many historic landmarks and neighborhoods in Washington DC are one of the draws for locating events there. In a cautionary tale for event organizers, however, the Court of Appeals of the Fourth District recently ruled...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

Pillsbury - Internet & Social Media Law Blog

Establishing the Boundaries of the OCILLA Safe Harbor

As user-generated content explodes over the Internet, intellectual property disputes over posting or uploading such content without the owner’s consent continue to escalate. As we touched on in a recent post, social media...more

McDermott Will & Emery

Licensing Agent Has Standing to Bring Copyright Infringement Suit - Minden Pictures, Inc. v. John Wiley & Sons, Inc.

McDermott Will & Emery on

Addressing the issue of whether a photograph licensing agent has standing to bring an infringement suit under the Copyright Act, the U.S. Court of Appeals for the Ninth Circuit reversed a district court decision, concluding...more

McDermott Will & Emery

The Complications of Copyrighted Images in the Yellow Pages - Yellow Pages Photos, Inc. v. Ziplocal, LP

McDermott Will & Emery on

Reviewing a spectrum of copyright-related issues following the conclusion of a jury trial, the U.S. Court of the Appeals for the Eleventh Circuit affirmed the district court, concluding that willful copyright infringement...more

Fenwick & West LLP

Intellectual Property Bulletin Spring 2013: The Trouble With Sharing

Fenwick & West LLP on

Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

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