Copyright claims based on social media content will often depend on the technologies used and the applicable terms of service—both under the control of the social media companies. READ MORE
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Posts
It’s not infringing if it’s an authorized embedding
Mark Sableman
April 17, 2020
If you have been itching to use someone’s social media content – despite all the warnings you’ve heard from copyright lawyers – there’s finally a way to do it. At least as to Instagram, if you use one of Instagram’s tools to embed a public Instagram post within your own posting, you will not infringe the original user’s copyright. READ MORE
Update: Court finds transformative nature of alleged infringing work can’t be decided by side-by-side comparison
Mike Nepple
August 10, 2017
In an update to our post on a case filed last year, a federal court in New York recently denied appropriation artist Richard’s Prince’s motion to dismiss Donald Graham’s copyright infringement lawsuit. READ MORE
Third verse same as the first - Will Richard Prince’s transformation defense work yet again?
Mike Nepple
May 8, 2017
Richard Prince used Eric McNatt’s 2014 photograph of Alex Gordon by cropping McNatt’s photograph, surrounding it with his Instagram frame, and adding three lines of text and emojis. READ MORE
Is appropriation art ‘fair use’?
The artist Richard Prince, who is sometimes known as the #PrinceofAppropriation, claims that copyright law protects the artistic style he calls “appropriation art.” Photographer Donald Graham filed suit against Prince, alleging Prince infringed the copyright in Graham’s photograph. READ MORE