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Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and... more +
Follow this channel for insights at the intersection of social media and the law, covering a wide array of issues from employer liability to privacy, from advertising rules to IP matters, and more. Like this! less -
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

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

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

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

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”

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

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

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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

Tarter Krinsky & Drogin LLP

What Can Instagram Do With Your Publicly Posted Photographs?

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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

Manatt, Phelps & Phillips, LLP on

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

Tarter Krinsky & Drogin LLP on

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

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

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

K&L Gates LLP

Photographer Unsuccessful in Copyright Case Over Use of Embedded Instagram Photo

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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

McManis Faulkner

Can Family Court Order You Not To Post On Facebook?

McManis Faulkner on

Are you among the 68% of U.S. adults who, according to the Pew Research Center, use Facebook?  Social media can do more harm than good, especially if you are involved in a legal dispute, family-related or otherwise.  Posts on...more

Sheppard Mullin Richter & Hampton LLP

The Kardashians Can’t Keep up with Copyright Law

Sheppard Mullin Richter & Hampton LLP on

Khloe Kardashian is the latest Kardashian to find herself in court over her activities on social media. The youngest Kardashian sister was sued by a photographer for copyright infringement in Xposure Photos UK Ltd v Khloe...more

Morrison & Foerster LLP - Social Media

Social Links: Instagram’s & Pinterest’s new features; the per-post premium paid to top influencers; a successful social media...

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Instagram now allows users to zoom in on photos in their feeds and at least 11 brands are already capitalizing on the new feature. Pinterest acquired Instapaper, a tool that allows you to cache webpages for reading at a...more

Lowndes

CMS Cracks Down On Social Media Abuse By Nursing Home Staff

Lowndes on

On August 5th the Centers for Medicare & Medicaid Services (CMS) issued a memorandum to all state survey agencies requiring that during the next standard survey of a nursing home, whether a Traditional or Quality Indicator...more

Pillsbury - Internet & Social Media Law Blog

50 Cent Breaks the Golden Rule of Social Media Posting

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“Be careful what you post.” This may be the most obvious of social media commandments. Yet, it’s also true that it’s difficult to control the degree of public access to photos and messages posted on a social media platform,...more

Dorsey & Whitney LLP

Instagram and the #FreeLunch: FTC Guidelines on Social Media Endorsements

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With Thanksgiving behind us and the holiday season in full swing, many of us will be dining out at local restaurants and picking up sumptuous desserts to bring to dinner parties. Looking for restaurant and bakery...more

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