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We previously wrote about a lawsuit filed in the Northern District of California against Instagram regarding the use of Instagram’s embedding tools. The plaintiffs, in that case, are two photojournalists who captured images of the George Floyd protests and the 2016 election and posted them to Instagram. Various media companies embedded the photos using Instagram’s proprietary embedding tools. The photos, therefore, appeared on websites without any license from the original photographers. …
Continue Reading Instagram Defeats Embedding Lawsuit

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a webpage where it’s unlikely to be viewed by the public.
Continue Reading The Briefing by the IP Law Blog: If a Photograph is Infringed But No One Sees it, is it Still Infringement?

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between a sports psychologist and a Miami Dolphins assistant coach.
Continue Reading The Briefing by the IP Law Blog: Miami Dolphins Coach Plays Defense Against Sports Psychologist’s Copyright Infringement Lawsuit

In this episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a Copyright dispute between professional Basketball player, Terry Rozier III and holiday product retailer, Easter Unlimited, over his use of the iconic ghost mask from the horror film, “Scream.”…
Continue Reading The Briefing by the IP Law Blog: Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

In a recent case, Bell v. Wilmott Storage Services, LLC, decided September 9, 2021, the Ninth Circuit clarified the role that the de minimis concept plays in copyright infringement cases.  In essence, the Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work. …
Continue Reading The De Minimis Concept in Copyright Cases – The Ninth Circuit Says What it is and What it Isn’t