Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)
Eric Goldman
AUGUST 1, 2023
In 2016, Time “embedded” one of Brauer’s Instagram posts, featuring one of his photos of Hilary Clinton, in its entirety (preserving his username or “handle”, his caption, and his links and hashtags). As a result, a rich body of case law has developed distinguishing direct liability from secondary liability. 94-1476, at 159-60.
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