In a court ruling that's sure to be controversial, a federal judge rules that @mashable didn't infringe a professional photographer's image because she posted on Instagram, which had a right to sublicense her work... https://t.co/q0k0YQdrae

— Eriq Gardner (@eriqgardner) April 14, 2020

I can't see a licence fee being hard to implement. However IG is owned by FB and due to voting rights allocated to priority shares, FB is controlled by one person. Unfortunately I can't see the situation changing.

— Andy Barnham (@AndyBarnham) April 15, 2020

The idea that embedding a post is, in and of itself, not copyright infringement is not a terribly surprising outcome to the case ... but the idea that an embed constitutes a "sublicense" which Instagram is allowed to grant seems like a potentially slippery slope. https://t.co/Vgr0FsAj4N

— Robert Paul (@tempusrob) April 14, 2020

You want to know why I tell #photographers and other artists not to post work on Instagram (or FB)? Because I saw this coming. Here’s a ruling that should scare you, based on those shitty ToS. https://t.co/fFRRR58vqS

— Leslie Burns (@BurnsTheLawyer) April 14, 2020

Don't post anything on Instagram if you want to hold onto the licensing rights for it. https://t.co/bcUM7hlkSD

— Phil Nobile Jr. (@PhilNobileJr) April 15, 2020

As a creative, this should give you pause. I don’t believe any one of us should eschew platforms like Instagram - they’re vital for community and brand building. But we need to be aware of the limited rights that we have over our work.https://t.co/tCwlvoWMwu

— Joan Westenberg (@Joanwestenberg) April 14, 2020

. @instagram should pay every photographer whose posts are embedded on for profit sites.

All the pressure needs to be put on Instagram. All of it. Thieves are going to thieve, but it's Instagram that's responsible to their community. https://t.co/T48A8x33Qa

— Bryan Formhals ?? (@bryanformhals) April 14, 2020

Can't believe how despicable @mashable has been in this case. Stealing a photo, embedding it from Instagram, after a photographer declined their ridiculous fee.
Way to go, guys, just continue to destroy our living, now why don't you? Fuckers. https://t.co/ytgfGvYH2B

— Juliette Robert (@Juliette_Robert) April 15, 2020

The idea that an IG post or a tweet could wind up embedded in a site, with no recourse for the creator, is not really a new one. But if sites are going to start using it as a way to deliberately bypass proper licensing ... that's something to think about.

— Robert Paul (@tempusrob) April 14, 2020

.@instagram: do the right thing and make the “embed” ability something users can opt into or out of - sort of like how you give me the choice to hide ugly tagged photos of myself https://t.co/C263FyIwtd

— Sarah Jacobs (@sarahjake) April 15, 2020

A must read for Photographers! This is a caution some of us warned against regarding instagram for years, you lose right to your photo, it just got tested in a case. @Unite4Copyright @liebowitzlaw @johnhharrington @nppalawyer @ToddBigPhoto @aliciaphoto https://t.co/uw8RDVWCGn

— Yunghi Kim (@Yunghi) April 14, 2020

New York federal court: OK to embed Instagram public photos, because uploading to Instagram implies free sub-licensing for other users. https://t.co/UJilq9jzd9

— Kontra (@counternotions) April 15, 2020

I think the server test for public display makes more sense than a license-based analysis for embedding. The fact that J. Wood didn’t apply the server test to find non-infringement is troubling. Looking forward to reading this opinion tomorrow. https://t.co/l95cbFmx91

— Annemarie Bridy (@AnnemarieBridy) April 15, 2020

Pretty significant copyright ruling involving social media embeds. Essentially, a judge found it’s legal to embed a photographer’s Instagram post without paying for it, as it’s effectively sublicensed from Instagram, not the photog. https://t.co/S5FLnO12a0

— Ernie Smith (@ShortFormErnie) April 15, 2020

Beware the TOS! #copyright https://t.co/H2pJRg9ODB

— Mickey Osterreicher (@nppalawyer) April 14, 2020

Photogs (and other creators) will want to take note of this decision. https://t.co/S9L37Jt4st

— Terry Hart (@terrencehart) April 14, 2020

Potentially crushing copyright decision for professional photographers.https://t.co/V5YYD6WNfU

— Mark Jaffe. Bay Area by way of Brooklyn. Lawyer. (@MarkJKings) April 14, 2020

.@instagram - was this your intention all along....? https://t.co/APtzLih5NW

— Nick Dunmur (@nickdunmur) April 14, 2020

I don’t know the full story here but this ain’t good: “... the news site Mashable contacted her because it wanted to reuse the image for a story on female photographers. Mashable offered $50. Sinclair declined. Mashable used the image anyway.” https://t.co/C3yW7ElYub

— Brian ? Ries (@moneyries) April 15, 2020

Photographer can’t sue a website for embedding her Instagram post, says court https://t.co/lG6piwQFyH pic.twitter.com/iF42sO3WCI

— The Verge (@verge) April 14, 2020

인스타그램에 올린 사진을 웹사이트에 임베드해도 저작권 위반이 아니라는 미국 법원 판단. 인스타그램에 공개로 포스팅된 사진은 이미 인스타그램 측에 재사용을 허가한 것이고, 임베드 기능은 인스타그램에서 제공하는 기능 중 하나이기 때문. https://t.co/RHqv8HxCE9

— 떠돌이 (@bugbear5) April 15, 2020

Posting a photo on Instagram means you forfeit your licensing rights, NY court rules. https://t.co/NpozxOwTlB via @thr

— Kara Scannell (@KaraScannell) April 15, 2020

Photographers and content creators give this article a read. This is information we all need to know ??https://t.co/dwzO6z30Qo

— BRANNDANNART (@branndannart) April 15, 2020

Court Rules Photographer Gave Up Exclusive Licensing Rights by Posting on Instagram https://t.co/E0Zj2tNo9m

— Ngoako Lerato Mannya (@LeratoMannya) April 15, 2020

Wow: Court Rules Photographer Gave Up Exclusive Licensing Rights by Posting on Instagram https://t.co/HCR9FWZAeS

— Soraya Chemaly (@schemaly) April 15, 2020

Potentially crushing copyright decision for professional photographers.https://t.co/V5YYD6WNfU

— Mark Jaffe. Bay Area by way of Brooklyn. Lawyer. (@MarkJKings) April 14, 2020

Court Rules Photographer Gave Up Exclusive Licensing Rights by Posting on Instagram

"Those terms granted to Instagram "a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to the Content.""https://t.co/NvQysajo18

— Ronke Lawal (@ronkelawal) April 15, 2020

FYI - A court ruled any work posted on IG can be treated as public domain and no one has to pay you for usage. https://t.co/SDMlUjfTya

— ?Shanon Lee? (@mylove4writing) April 15, 2020

Yikes. Court Rules Photographer Gave Up Exclusive Licensing Rights by Posting on Instagram https://t.co/IHSieKb3Eu

— Anthony Soufflé (@AnthonySouffle) April 14, 2020

wow! sdny rules by posting her photo on instagram, photog "granted instagram the right to sublicense the photo, & it validly exercised that right by granting mashable a sublicense to display the photo," making mashable's embedded use non-infringing.https://t.co/813ES6DI4Y

— alexandra j. roberts (@lexlanham) April 15, 2020

For our content creatorshttps://t.co/MwGjw0yMKs

— Kakalabanda (@ErnestAkor) April 15, 2020

A must read for Photographers! This is a caution some of us warned against regarding instagram for years, you lose right to your photo, it just got tested in a case. @Unite4Copyright @liebowitzlaw @johnhharrington @nppalawyer @ToddBigPhoto @aliciaphoto https://t.co/uw8RDVWCGn

— Yunghi Kim (@Yunghi) April 14, 2020

Can't believe how despicable @mashable has been in this case. Stealing a photo, embedding it from Instagram, after a photographer declined their ridiculous fee.
Way to go, guys, just continue to destroy our living, now why don't you? Fuckers. https://t.co/ytgfGvYH2B

— Juliette Robert (@Juliette_Robert) April 15, 2020

I think the server test for public display makes more sense than a license-based analysis for embedding. The fact that J. Wood didn’t apply the server test to find non-infringement is troubling. Looking forward to reading this opinion tomorrow. https://t.co/l95cbFmx91

— Annemarie Bridy (@AnnemarieBridy) April 15, 2020

Don't post anything on Instagram if you want to hold onto the licensing rights for it. https://t.co/bcUM7hlkSD

— Phil Nobile Jr. (@PhilNobileJr) April 15, 2020

Offering a photographer peanuts for their work then embedding it anyway when they turn down the offer, boy, I don't know https://t.co/hosftCaLrf pic.twitter.com/J2nBeur2FQ

— Alex Fitzpatrick (@AlexJamesFitz) April 15, 2020

For years, people have warned us that you lose the right to your photo when you post it to Instagram and it just got tested in a case. A sad reminder that Instagram users are not customers, you're the product. https://t.co/qLjt1LHayE

— Ben Terry (@BenTerry) April 14, 2020