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ARTICLE · 17 JUNE 2020

Two SDNY Courts Post Opposite Conclusions On Instagram Fair Use

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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On the heels of a stream of copyright lawsuits based on republication of copyrighted images from "embedded" Instagram posts, the U.S. District Court for the Southern District of New York released opinions in two such "Instagram ...

United StatesIntellectual Property

On the heels of a stream of copyright lawsuits based on republication of copyrighted images from "embedded" Instagram posts, the U.S. District Court for the Southern District of New York released opinions in two such "Instagram cases" reaching opposite conclusions on the viability of a "fair use" defense before trial. While the different outcomes in both opinions are explained by the case-specific facts, these cases provide useful context in how federal courts in the Southern District of New York decide fair use at the pleadings stage and address other issues posed by this new influx of Instagram cases.

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Walsh v. Townsquare Media, Inc.

In Walsh, U.S. District Judge Vernon S. Broderick granted judgment on the pleadings under Federal Rule of Civil Procedure 12(c) in favor of Townsquare Media, the owner and operator of XXL Mag. The magazine had published an online article that embedded rapper Cardi B's Instagram post containing a copyrighted photograph of her

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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