In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. Scott and Josh discuss how copyright law, the DMCA, and fair use apply to this tactic.
Continue Reading The Briefing by the IP Law Blog: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
We recently wrote about a case in the Southern District of New York against Mashable relating to the embedding of content from social media platforms like Instagram. In that case, the court held that Instagram’s terms of use (which were accepted by the plaintiff, a photographer, when he created an Instagram account) were insufficiently clear to allow Mashable to escape liability for publishing Instagram content through the process of embedding. Thereafter, the parties settled out of court. Legal watchers speculated that the ruling would encourage copyright infringement claims based on the embedding of content.
Continue Reading Instagram Faces Claims That It Encouraged Media Companies to Illegally Embed Images Posted to Instagram by Users
A recent case in the Southern District of New York calls into serious question the ubiquitous practice of embedding photographs on a content creator’s website.
An embedded photo is one that is not hosted on the website’s own server, but instead is linked to a third-party server like a social media site. Instead of the photo being permanently available on the website, the website pulls the photo from the third-party site live when the website is accessed by a user. Platforms like Twitter, Instagram, and TikTok make it extremely easy for websites to embed user posts, and provide website designers with tools specifically meant to make embedding seamless for the user.
In a recent case (Sinclair v. Ziff Davis, LLC, 1:18-cv-00790, S.D.N.Y.), a professional photographer posted a photo to Instagram that was later embedded by Mashable in an article on its website. In its original ruling, the court held that Instagram’s terms of service (which every user, including Sinclair, accepts when signing up) permitted the embedding on links on third party websites. The court ruled that Instagram had the right to relicense Sinclair’s image to Mashable, and granted Mashable a dismissal of Sinclair’s claims.
Continue Reading Recent Case Demonstrates the Need for Caution When Embedding Links to Social Media Posts
