07 Aug, 2023 The Server Test Survives in the Ninth Circuit … At Least For Now By Brian Murphy Craig Whitney A panel of the Ninth Circuit has affirmed that the “server test” remains the law of the land - at least in that circuit, and at least for...
15 Aug, 2022 Unauthorized Use of Photos to Illustrate Article Is "in No Way Transformative," Says CA9 By Brian Murphy Elliot McGucken is an award-winning fine-art photographer who specializes in natural landscapes. (Check out his website.) In March of...
04 Feb, 2022 District Court to Plaintiffs: If You Don't Like Perfect 10 v Amazon, "Appeal to Ninth Circuit"! By Brian Murphy Alexis Hunley and Matthew Brauer are not fans of Instagram's embedding functionality. And they (and their counsel) are nothing, if not...
22 Dec, 2021 Instagram Strikes Again: Users Can Now Disable Embedding By Craig Whitney The embedding saga continues. The right to embed another's photo or video that was posted on social media has been one of the most hotly...
04 Aug, 2021 Embedding Images May Be Copyright Infringement After All By Craig Whitney Another bombshell has dropped. Is change coming? For over a decade, it was generally considered safe to include an image or a video on...
05 Jul, 2021 Embedded Photo of Meghan Markle Doesn't Qualify for Fair Use on Motion to Dismiss By Brian Murphy Plaintiff owns the copyright in a photo of Meghan Markle, also known as the Duchess of Sussex, taken at a high school dance she attended...