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Websites Copyright Photographs

Weintraub Tobin

The Briefing: Zillow Loses Second Round of Copyright Fight

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The Ninth Circuit recently issued an opinion affirming that Zillow infringed thousands of copyrights owned by a real estate photography studio. Scott Hervey and James Kachmar 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

Irwin IP LLP

'Embedding' Copyrighted Works on a Website is Not Infringement, Holds Ninth Circuit 

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By choosing to ‘embed’ social media posts, BuzzFeed News and Time avoided copyright liability due to unauthorized display of two photographers’ Instagram content. Embedding occurs when a website links to content from another...more

Miller Nash LLP

The Accidental Infringer: What You Need to Know about Copyright When Using Photos from the Web

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You’ve received a letter from a lawyer saying that a photo you found online and uploaded to your website infringes a photographer’s copyright. Maybe you do nothing and wait to see if you get another letter. Maybe you take the...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

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - If a Photograph is Infringed But No One Sees it, is it Still Infringement?

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In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a webpage that is unlikely to be...more

Weintraub Tobin

The Briefing by the IP Law Blog: If a Photograph is Infringed But No One Sees it, is it Still Infringement?

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a page that is unlikely to be viewed...more

Weintraub Tobin

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

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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

Wilson Sonsini Goodrich & Rosati

Thinking of Framing or Embedding Content? New York Federal Courts Question the Copyright "Server Test"

Imagine you operate a website. Another website posts an image or video that you want to discuss on your site. In most circumstances, you cannot simply copy and repost that content without obtaining a license, because someone...more

Jaburg Wilk

Stopping Online Infringement

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Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber...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

Amundsen Davis LLC

You’ve Been Trolled: Assessing A Copyright Infringement Cease And Desist Letter

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Almost every company’s web site has one or more photographs. Maybe yours have been in use for years. You don’t remember where or how you got them, but you like them. They look good. They illustrate your product or service....more

Spirit Legal

Wie Fotografen bei Urheberrechtsverletzungen erfolgreich Ansprüche durchsetzen können

Spirit Legal on

In diesem Beitrag werden die drei wichtigsten Fragen beantwortet: - Welche Ansprüche hat der Urheber bei Urheberrechtsverletzungen? - Warum ist der Auskunftsanspruch für den Urheber so wichtig? - Welche Möglichkeiten...more

McDermott Will & Emery

No Vicarious Liability Absent Financial Benefit, Even in Context of Contributory Infringement

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The US Court of Appeals for the Ninth Circuit examined issues of vicarious and contributory infringement—along with willfulness—in connection with a copyright infringement case involving a real estate website that featured...more

Weintraub Tobin

Do You Know Where The Photos For Your Website Come From?

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Many businesses rely on their websites to promote their company and drum up business. Having a “professional” looking web page is considered a must and companies spend a lot of money in creating and maintaining their web...more

McAfee & Taft

Beware of ‘free’ copyright licenses

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Copyright law provides certain exclusive rights to persons who create original works of authorship, including literary, dramatic, musical and other works. Copyright law specifically protects works of art, music, photographs,...more

BCLP

Second Circuit Punts on In-Line Linking Appeal

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The Second Circuit denied an interlocutory appeal in a high stakes copyright case that is being closely watched by both photographers and media companies around the country, sending key issues in the case back to the district...more

Hogan Lovells

CJEU: Re-posting content is a “communication to the public”

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Copying an image from a website and using it for one’s own purposes, e.g. the illustration of a memo which eventually happens to be uploaded to another website – this happens a hundred times every day. However, such conduct...more

Dorsey & Whitney LLP

Court Case Finding that Embedded Photos Can Trigger Copyright Liability Certified for Appeal

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A New York federal district court has certified for appeal its recent decision in a pending case involving the unauthorized use of a photographer’s photo by a number of media outlets, maintaining the spotlight on the issue of...more

Proskauer - New Media & Technology

New York Court Rebuffs Ninth Circuit’s Copyright “Server Test,” Finds Embedded Tweet Displaying Copyrighted Image to Be...

A New York district court recently held that a host of online news publishers and media websites that embedded certain tweets (containing unauthorized uploads of plaintiff’s copyrighted photo) on their websites violated the...more

McAfee & Taft

Watch out for the Creative Commons catch

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You own a small business and want to sharpen your marketing profile by adding some new images to your company website. You hope to save on costs but not skimp on quality, so you go on the Web and find some nifty photographs...more

Hogan Lovells

German Federal Court Rules On Google’s Image Search – Thumbnails III

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On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name...more

Womble Bond Dickinson

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

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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

Morrison & Foerster LLP - Social Media

Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?

With over one billion websites on the Internet, and 211 million items of online content created every minute, it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are...more

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