Are You Sure Your Website Terms and Conditions and Privacy Policy Are Enforceable? Maybe Not!

Written by Susan Kohn Ross and Lucy Holmes Plovnick One of the many challenges facing companies that do business on line is taking the steps necessary to make sure their website terms of service and privacy policies (and any other terms and conditions) are enforceable to the greatest extent possible in case of a dispute with their customers/users. There is no specific formula to follow, … Continue reading Are You Sure Your Website Terms and Conditions and Privacy Policy Are Enforceable? Maybe Not!

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”