Thompson Coburn partner Mike Nepple spoke to Law360 for a recap of the publication’s picks for the top copyright rulings of 2023. The list included high-profile rulings involving the Andy Warhol Foundation’s dispute with a photographer over fair use, a choreographer’s claim that Epic Games infringed his copyright of a dance routine, and a case involving the so-called server test related to claims of infringement for embedded copyrighted photos on Instagram.
The question of whether embedding copyrighted images on websites could be infringing has been “under the radar,” Mike said about this year’s Hunley v. Instagram Ninth Circuit ruling and other recent cases. He noted he has been waiting for another circuit court to weigh in. "I would like to see some clarification on that.”
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