fbpx
Big Law

Instagram Beats a Copyright Infringement Lawsuit Over Embedded Images

A three-judge panel with the 9th U.S. Circuit Court of Appeals has ruled in favor of Meta-owned Instagram after a pair of photographers accused the social media giant of copyright infringement, as reported by Gizmodo. The basic gist of the case was that Instagram violated copyrights by letting outside websites and publications embed images without the explicit consent of content creators.

The case dates back to 2016, when Time embedded an Instagram image of Hillary Clinton taken by photographer Matthew Brauer without asking for permission. In 2020, Buzzfeed did the same thing with a photo taken by Alexis Hunley of a Black Lives Matter protest. The pair of photogs sued Instagram, alleging that the social media company never asked third parties to obtain a license to embed copyrighted photos or videos, opening them up to a charge of secondary infringement.

The suit was originally initiated in California back in 2021, but a judge dismissed it on the grounds that the news outlets in question didn’t store the original image or even display a copy of it. Rather, it was just displaying what was already available via Instagram as an embed. The pair appealed this decision, which has now failed in federal court. The reasoning follows the same line as California’s decision, with judges agreeing that when a photo or video is embedded, no copy is made of the underlying content.

Read the source article at Engadget

Back to top button