In a recent article for Women's Wear Daily
("WWD"), Dyan Finguerra-DuCharme and Felicity Kohn
explore the copyright perils that can arise from posting and
embedding images and other content on social media
channels.1
As they note in the article:
"This sense of unpredictability results, at least in
part, from the uneasy coexistence of copyright law and social
media. The sharing culture established by social media is in
significant tension with the regime of property rights established
by copyright law, which requires a valid license to copy, publish,
or distribute content created by someone else."
They proceed to discuss recent litigations and implications
of paparazzi who posted images to Instagram without
authorization, as well as the legality of "embedding," a
widely used technological feature that enables social media posts
to be re-shared by other users across platforms.
