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Ninth Circuit Affirms Server Test in Instagram Embedding Case

Copyright Lately

The server test is alive and well—at least in the Ninth Circuit—and shields the embedding of social media posts from copyright infringement liability. which first established the server test in a case involving the display of thumbnail images in Google image search results. Amazon, Inc.

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Social Media Giants and Copyright: Instagram’s Ninth Circuit Win Sets Precedent Against Photographers

The IP Law Blog

By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. now known as the so-called “Server Test.”

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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. July 17, 2023).

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Social Media Giants and Copyright: Instagram’s Ninth Circuit Win Sets Precedent Against Photographers

LexBlog IP

By: Weintraub Tobin Summer Associate Josh Concepcion The Ninth Circuit recently revisited the issue of “embedding” content by a website and its implication for copyright infringement claims. On July 17, 2023, the Ninth Circuit issued its opinion in Hunley v. Amazon.com, Inc.,

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Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

He posted a video of an emaciated polar bear wandering the Canadian Arctic to his Facebook and Instagram accounts to sound the alarm on climate change. It embedded the video as part of an article talking about the “starving polar bear going viral.” Is Embedding a Display? Paul Nicklen is a highly acclaimed nature photographer.

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Server Test Showdown? The Conflicting Rulings Over Whether Embedding a Social Media Post Violates the Copyright Act

IP Tech Blog

Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online. This ruling and others in federal trial courts in the Second Circuit conflict with the Ninth Circuit’s ruling in Perfect 10, Inc. What is Embedding?

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Server Test Showdown? The Conflicting Rulings Over Whether Embedding a Social Media Post Violates the Copyright Act

LexBlog IP

Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online. This ruling and others in federal trial courts in the Second Circuit conflict with the Ninth Circuit’s ruling in Perfect 10, Inc. What is Embedding?