3 Count: Insta Victory

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1: Instagram Defeats Suit Over Embedding Feature

First off today, Ashley Cullins at The Hollywood Reporter Esquire reports that Instagram has secured the dismissal of a lawsuit filed against it by two photographers who claimed that the service’s embedding feature enabled copyright infringement.

The lawsuit was filed by Alexis Hunley and Matthew Scott Brauer in May 2021 claiming that Instagram’s embedding feature enabled other sites to add their images without permission. However, Instagram hit back saying that they can’t be sued for secondary copyright infringement as there is no primary copyright infringement.

To that end, Instagram cited the “server test”, which looks at which server the images are hosted on, not where they appear. Though this test has come under fire elsewhere in the country, it is the standard for the Ninth Circuit, and resulted in the lawsuit being dismissed not once, but twice following a leave to refile it. It is unclear if the plaintiffs intend to file an appeal.

2: Warner Brothers Blocks Fidesz Attack Video for Breaching Copyright

Next up today, ne IntelliNews reports that, in Hungary, YouTube has removed a government campaign video attacking the opposition Prime Minister candidate and opposition leader.

The ads featured the opposition leaders posing as Dr. Evil and Mini Me, two characters from the Austin Powers film series. An opposition commercial broadcaster, RTL Klub, contacted Warner Bros. to ask if they had permission to use the characters. There was no response, but days later the videos were removed from YouTube.

The images also appear on billboards and signs throughout the country. There is no word on what, if anything, will happen with those.

3: Artist Jeff Koons Defends Depictions of ‘Useful’ Porn Prop in Copyright Case

Finally today, Blake Brittain at Reuters reports that artist Jeff Koons is defending himself in a lawsuit filed by a sculpture artist that accused him of infringing one of his most previous works.

The lawsuit was filed by sculptor Michael Hayden, who created a sculpture of a serpent wrapped around a rock. That artwork was used by Koons in his later work, prompting the lawsuit.

However, Koons’ defense is drawing some attention. He’s arguing that, since the sculpture was for Italian politician and adult-film star Cicciolina to perform on. Therefore, he argues, the work is a useful article and doesn’t qualify for copyright protection. Barring that, he claims that his use was a fair use and is permissible under the law.

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