Instagram beats copyright infringement lawsuit involving embedded photos
The basic gist of the case was that Instagram violated copyrights by letting outside websites and publications embed images without the explicit consent of content creators.embedded an Instagram image of Hillary Clinton taken by photographer Matthew Brauer without asking for permission. In 2020,did the same thing with a photo taken by Alexis Hunley of a Black Lives Matter protest.
The suit was originally initiated in California back in 2021, but a judge dismissed it on the grounds that the news outlets in question didn’t store the original image or even display a copy of it. Rather, it was just displaying what was already available via Instagram as an embed. The pair appealed this decision, which has now failed in federal court. The reasoning follows thewith judges agreeing that when a photo or video is embedded, no copy is made of the underlying content.
It’s worth noting, however, that the federal panel of judges did say that Hunley and Brauer raised “serious and well-argued” policy concerns regarding copyright holders’ ability to actually control and ultimately profit from their work. Instagram has also addressed the issue in convening years, adding an option in 2021 that allows users to make images unembeddable.
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