#igers Beware – Embedded Instagram Post Found Not To Infringe Copyright

Sarah Robertson

Sarah Robertson

Sarah has over fifteen years’ experience helping clients protect, enforce and exploit their intellectual property assets and overseeing clients’ general business needs, with particular depth in the creative industries, tech, financial and consumer product sectors.

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1 Response

  1. avatar El roam says:

    Interesting case. One may wonder here:

    It seems, that the terms of use ( of Instagram ) don’t incorporate, the distinction between private user or use, and commercial one. I mean, it is likely, that Mashable maintains a site, for commercial use, or for making profits. Now, in such case, one may argue, that Plaintiff, had to be noticed that the use of the photos, would be overwhelming one, means: be used by private individuals, and also, by business entities ( for making money, directly, or, indirectly). If such stipulation doesn’t exist indeed in the use of terms, one may argue, that, at first place, the photographer, would not have agreed to it.

    So, due to lack of good faith and transparency, her claim could maybe be accepted.

    Thanks

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