Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

Written by Leo M. Lichtman A polar bear is currently at the center of an important copyright dispute in the Southern District of New York in a case that could hold major implications over the scope of a copyright holder’s exclusive display rights.  See Nicklen v. Sinclair Broad. Grp., 2021 WL 3239510 (S.D.N.Y. July 30, 2021). The case was filed by Paul Nicklen, a nature … Continue reading Of Polar Bears and Copyrights: Southern District of New York Again Rejects the Server Test

NY Court Allows Use of Third-Party Photo Embedding, Thanks to Instagram’s Terms of Service

Written by Robert H. Rotstein and Timothy M. Carter

In the past few years, the advent of social media has increasingly tested the bounds of copyright law.  The issue of whether “in-line linking” or “embedding” constitutes actionable copyright infringement is no exception.

Early last week, in Stephanie Sinclair v. Ziff Davis, LLC, and Mashable, Inc., 1:18-cv-00790 (SDNY, April 13, 2020), Judge Kimba Wood held that Defendant Mashable did not engage in copyright infringement by embedding of Plaintiff photographer Stephanie Sinclair’s photograph “Child, Bride, Mother/Child Marriage in Guatemala” (the “Photograph”). The Court determined that Mashable used the Photograph, which was posted to Sinclair’s publicly viewable Instagram account, pursuant to a valid sublicense granted to Instagram by Sinclair.  Accordingly, Judge Wood granted Mashable’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) on the grounds that Sinclair failed to state a claim for copyright infringement. Continue reading “NY Court Allows Use of Third-Party Photo Embedding, Thanks to Instagram’s Terms of Service”