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Is The Server Test Ready for a Reboot?

The IP Law Blog

Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Amazon.com, Inc.

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No CTRL-ALT-DEL in the 9th Circuit for the Server Test

The IP Law Blog

The named plaintiff is a photojournalist whose photographs were featured on the websites of various media outlets without a license. To violate the public display right, infringers must “display ‘copies’ of the copyrighted work.” The district court held that the Ninth Circuit’s 2007 opinion in Perfect 10, Inc.

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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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Instagram Not Liable For Copyright Infringement Over Embedded Images

TorrentFreak

BuzzFeed News did not seek permission or attempt to license Hunley’s photograph taken during the protests. To be found liable, an alleged infringer must display a copy of a copyrighted work; in this case, the photographs were embedded and were always stored on Instagram’s servers. pdf ) case in 2007. Amazon, Inc. (

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

Technology & Marketing Law Blog

In 2007, in Perfect 10 v. The plaintiffs gave Instagram a license to display the photos. Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. The complaint.

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No CTRL-ALT-DEL in the 9th Circuit for the Server Test

LexBlog IP

The named plaintiff is a photojournalist whose photographs were featured on the websites of various media outlets without a license. To violate the public display right, infringers must “display ‘copies’ of the copyrighted work.” Amazon.com, Inc. ,

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Is The Server Test Ready for a Reboot?

LexBlog IP

“Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. Amazon.com, Inc.