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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.
— Bryan Formhals ?? (@bryanformhals) April 14, 2020
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
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.
— Juliette Robert (@Juliette_Robert) April 15, 2020
Way to go, guys, just continue to destroy our living, now why don't you? Fuckers. https://t.co/ytgfGvYH2B
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
— Ronke Lawal (@ronkelawal) April 15, 2020
"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
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.
— Juliette Robert (@Juliette_Robert) April 15, 2020
Way to go, guys, just continue to destroy our living, now why don't you? Fuckers. https://t.co/ytgfGvYH2B
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