A judgment is made that ``Instagram embedding is not a copyright infringement and Instagram is not responsible for it''
In response to a complaint by photographers Alexis Hanley and Matthew Brauer, ``It is copyright infringement that the image you posted was used in the article of the news site using the embedding function of Instagram,'' the United States The Court of Appeals for the Ninth Circuit ruled that 'a platform cannot be held liable for copyright infringement if a photo or video is embedded.'
Hunley v. Instagram, LLC, --- F.4th ---- (2023)
(PDF file)
Instagram dodges photographers' copyright claims on appeal – but case likely continues | Reuters
Instagram Not Liable For Copyright Infringement Over Embedded Images * TorrentFreak
Instagram embeds don't violate copyright laws, court rules - The Verge
https://www.theverge.com/2023/7/19/23800141/instagram-copyright-infringement-embedded-images
The trial began in 2016, when an article titled ' These Photographers Are Covering the Presidential Campaign on Instagram ' published by the news media Time published a photo of Hillary Clinton posted by Mr. Brauer. It was used using Instagram's embedding function. Similarly, BuzzFeed News also embedded a photo of Black Lives Matter taken by Mr. Hanley in an article published in 2020.
Mr. Hanley and Mr. Brauer allege that ``Time and BuzzFeed News embedded their photos in their articles without obtaining the proper license.'' They added, 'Not only is Instagram lacking efforts to control or prevent copyright infringement, but it also deliberately assists third-party websites with the ability to embed copyrighted images. ,” and filed a lawsuit against Instagram for copyright infringement and aiding copyright infringement.
Below is an example of actually embedding an Instagram post.
Until now, this type of legal dispute has been contested on an issue called 'server test' that focuses on 'where the copyrighted work is distributed from'. When using the embedding function provided by various SNS, the copyrighted work is downloaded only from 'the server of that service'. In other words, in this case, ``Time and BuzzFeed News articles displayed photos of both men downloaded from Instagram's servers.''
For this reason, many courts have determined that ``we do not distribute or display copyrighted works to users,'' and that ``embedding does not constitute direct copyright infringement.'' has been lowered.
A ruling that ``embedding Instagram does not constitute copyright infringement''-GIGAZINE
The 'server test' precedent was also used in the hearing of the trial by Mr. Hanley and Mr. Brauer this time. Ultimately, the U.S. Court of Appeals for the Ninth Circuit ruled, ``By posting the images on Instagram, Instagram's servers have stored copies of these images. We have an exclusive sublicense, and the image displayed by using the embedding function does not constitute a copyright infringement by Instagram.'
Also, the U.S. Court of Appeals for the Ninth Circuit said, ``Time and BuzzFeed News embed copyrighted images, but do not store them,'' referring to the nature of hyperlinks . Neither media has committed direct copyright infringement.'
On the other hand, they said, ``This ruling leaves a number of legal issues open about the ability of copyright holders to control and profit from their works,'' and said they could petition for a retrial. suggesting.
Related Posts:
in Web Service, Posted by log1r_ut