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Photographs › The Copyright Act › Social Media

Loeb & Loeb LLP

Woodland v. Hill

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Ninth Circuit affirms dismissal of copyright infringement claim against musician Lil Nas X, finding that mere availability of plaintiff influencer’s photographs on Instagram does not amount to access to those photographs and...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

Morgan Lewis - Tech & Sourcing

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

Morgan Lewis - Tech & Sourcing on

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

Weintraub Tobin

Is The Best Defense To A Copyright Infringement Claim No Defense At All?

Weintraub Tobin on

We recently discussed a new trend in celebrity copyright litigation on our YouTube channel and podcast (The Briefing on YouTube). Specifically, we discussed celebrities taking a stand and defending copyright claims brought by...more

Fenwick & West LLP

Who Owns a Photograph in the Social Media Age?

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Although a generally well-settled question of law, a string of recent cases has renewed interest in a common question: Who owns a photograph? Of course, this question is not novel, but the rise of social media and the greater...more

Tarter Krinsky & Drogin LLP

What Can Instagram Do With Your Publicly Posted Photographs?

Tarter Krinsky & Drogin LLP on

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

Knobbe Martens

“But It’s a Photo of Me!”-Celebrities Face Legal Action for Unauthorized Use of Images on Social Media

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In October 2019, professional photographer Michele Eve Sandberg filed a complaint against musical trio Jonas Brothers (both as an entity and as individuals) for unauthorized use of photos Sandberg snapped of the band during...more

Foley & Lardner LLP

Case to Watch: Goldman v. Breitbart, involving embedded Tweets of Tom Brady recruiting Kevin Durant in the Hamptons

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The Southern District of New York has teed up an important copyright issue for interlocutory appeal, which could create a circuit split with the Ninth Circuit’s 2006 decision in Perfect 10, Inc. v. Amazon.com, Inc. On March...more

Pillsbury - Internet & Social Media Law Blog

Twitter, the DMCA and Copyright in the Age of Sharing

Pillsbury - Internet & Social Media Law Blog on

As social media platforms continue to find new ways to allow users to share, post, and forward nonoriginal content and users become more engaged in the practice, the platforms hosting the content and disgruntled original...more

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