Aug 07, 2023 The Server Test Survives in the Ninth Circuit … At Least For Now By Brian Murphy Craig Whitney A panel of the Ninth Circuit has affirmed that the “server test” remains the law of the land - at least in that circuit, and at least for...
Aug 15, 2022 Unauthorized Use of Photos to Illustrate Article Is "in No Way Transformative," Says CA9 By Brian Murphy Elliot McGucken is an award-winning fine-art photographer who specializes in natural landscapes. (Check out his website.) In March of...
Feb 04, 2022 District Court to Plaintiffs: If You Don't Like Perfect 10 v Amazon, "Appeal to Ninth Circuit"! By Brian Murphy Alexis Hunley and Matthew Brauer are not fans of Instagram's embedding functionality. And they (and their counsel) are nothing, if not...
Dec 22, 2021 Instagram Strikes Again: Users Can Now Disable Embedding By Craig Whitney The embedding saga continues. The right to embed another's photo or video that was posted on social media has been one of the most hotly...
Sep 19, 2021 Instagram Prevails with "Server Test" Defense in Photo Embedding Case By Brian Murphy Yet another photo embedding case, but this time Instagram wins based on the court's application of the "server test." The plaintiffs own...
Jul 26, 2021 Pretty Please?** By Vish Mohan Dua Lipa is the latest celebrity involved in the slew of copyright infringement lawsuits related to unauthorized Instagram postings by...
Jul 19, 2021 Meme is (Fake) Newsworthy By Nicole Bergstrom You may recall this heartwarming video of two toddlers, one black and one white, running into each other's arms on a New York City...
Jul 05, 2021 Embedded Photo of Meghan Markle Doesn't Qualify for Fair Use on Motion to Dismiss By Brian Murphy Plaintiff owns the copyright in a photo of Meghan Markle, also known as the Duchess of Sussex, taken at a high school dance she attended...
Jul 02, 2020 Court Reconsiders and Changes Course in Instagram Embedding Case By Brian Murphy Another post about embedding photos using Instagram’s API! As we have written about here and here, in April and June of this year, two...
Jun 07, 2020 Two SDNY Courts Post Opposite Conclusions on Instagram Fair Use By Matthew Samet On the heels of a stream of copyright lawsuits based on republication of copyrighted images from “embedded” Instagram posts, the U.S....
Apr 16, 2020 Embedding Photos from Instagram - Infringement or Licensed Use? By Brian Murphy Stephanie SinclairToo Young To Wed documents children - some as young as 9 years old - forced into marriage in countries around the...