Photo Licensing Service Qualifies for DMCA 512(c) Safe Harbor–McGucken v. ShutterStock
…confer actual knowledge. When McGucken did send a proper 512(c)(3) notice, ShutterStock removed the images in 4 days. Everyone conceded this was expeditious enough. McGucken nevertheless pointed to some thumbnails…
Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)
…3d 188, 195 (S.D.N.Y. 2021); McGucken v. Newsweek, LLC, 2022 WL 836786, *5-6 (S.D.N.Y. Mar. 21, 2022); Leader’s Institute, LLC v. Jackson, 2017 WL 5629514, *11 (N.D. Tex. Nov. 22,…
Instagram Embedding Cases Continue to Vex the Courts–McGucken v. Newsweek
This is a summary judgment ruling in a case where a photographer (McGucken) argues that embedding by a third party (Newsweek) of a photo posted to Instagram is an unauthorized…
When is it Fair Use to Use a Photo to “Illustrate” an Article?
…online, and often those content producers simply canvass the web to find a suitable photo. These three cases address fair use in this context. McGucken v. Pub Ocean: McGucken is…
Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act
…between putting their works online and losing control over “display” of those works. Fair use: The court also grapples with fair use. Citing to Barcroft and McGucken, the court says…
Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. United Sports
…but then it reversed itself on this issue. In another (McGucken v. Newsweek), the court says that Instagram could sublicense content that users post, but the terms do not unequivocally…
We’re Still Unsure If Instagram Grants Users a Sublicense to Embed Photos
I blogged earlier this summer about McGucken v. Newsweek, a case that involved a media defendant who was sued by a photographer because it embedded (and displayed) photos in an…
Is It OK to Embed Instagram Photos? ¯\_(ツ)_/¯
…in that case initially said yes. However, the court’s reconsideration of its ruling, plus a recent ruling in another case (McGucken v. Newsweek), have undermined this conclusion. Two cases have…