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The Copyright Act › Instagram

Loeb & Loeb LLP

Woodland v. Hill

Loeb & Loeb LLP on

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

Davis Wright Tremaine LLP

"Server Test" Is Reaffirmed (For Now) in Hunley v. Instagram, LLC

Davis Wright Tremaine LLP on

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

Venable LLP

Embedded Instagram Content Passes the Server Test, According to Ninth Circuit

Venable LLP on

On July 17, 2023, the Ninth Circuit affirmed the applicability of the "Server Test" to embedded content on third-party sites and affirmed dismissal of a copyright action in favor of defendant, social media platform Instagram....more

Barnea Jaffa Lande & Co.

I Shared Someone Else’s photo on Instagram. Did I Commit Copyright Infringement?

Barnea Jaffa Lande & Co. on

Sharing images on Instagram and other social network platforms is such a common practice that we do it without hardly even thinking about it. But we must be aware that sharing a piece of creative content (picture, text, etc.)...more

Weintraub Tobin

Don’t Film So Close To Me: Can Copyrighted Music Keep Vids Of Police Encounters Off The Internet?

Weintraub Tobin on

Over the past few weeks, there have been a number of news articles and stories about police officers playing popular music during a citizen/officer interaction that is being filmed by the citizen. For example, Vice reported...more

Akerman LLP - Marks, Works & Secrets

What’s in a Name: SDNY Grants Preliminary Injunction Enforcing Contractual Bar Against Designer’s Use of Her Own Name

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In a fifty-seven-page memorandum opinion and order, the United States District Court for the Southern District of New York granted a fashion brand its motion for a preliminary injunction preventing its lead designer from...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

Foley Hoag LLP - Making Your Mark

The Top 5 Most Fashionable Intellectual Property Disputes To Walk This Year’s Runways at New York Fashion Week

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New York Fashion Week (NYFW) officially kicks off today, February 7, 2020, with a week’s worth of captivating runway shows from top designers. The timing, however, could not be worse, since the 92nd Academy Awards is airing...more

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