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Instagram Defeats Copyright Claim Over Its Embedding Feature–Hunley v. Instagram

Technology & Marketing Law Blog

“In-line linking” uses the Internet’s magic to let a web page incorporate a file, such as a photo or video, into a page’s display without actually hosting it. In 2007, in Perfect 10 v. Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act. Case citation: Hunley v.

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. Instagram, LLC , 2023 WL 4554649 (9th Cir.

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Is Copyright’s “Server Test” on Life Support?

Copyright Lately

Instagram’s argument relies upon the server test, a rule that has its origins in the 2007 Ninth Circuit case Perfect 10 v. Providing these HTML instructions, per the server test, isn’t equivalent to displaying a “copy” of the image. In the meantime, a copy of Nicklen v. Amazon.com , which involved Google image thumbnails.

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13 Spooky Copyright Cases, Just in Time for Halloween

Copyright Lately

As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here. This prompted a lawsuit by Don Post Studios, which asserted that the Cinema Secrets mask was a copy of its own mask.

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