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ARTICLE · 02 MARCH 2021

Another Photo Embed Case, Another Motion To Dismiss Denied

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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Another court refuses, at the pleading stage, to rule on whether a social media platform's TOS (this time, Twitter's) authorizes a news organization to use the platform's embedding API to display...

United StatesMedia, Telecoms, IT, Entertainment

Another court refuses, at the pleading stage, to rule on whether a social media platform's TOS (this time, Twitter's) authorizes a news organization to use the platform's embedding API to display a photo, previously posted on the platform by a photographer, on the news organization's website without direct permission from the photographer. (We have seen this before. See this post, and this one, and this one and this one.)

In 2018, the plaintiff, a professional photographer who hales from Lincoln Nebraska, snapped a photo of actor Bill Murray at a college football game (Purdue vs Nebraska) and then posted it on Twitter. (This may, or may not, be the photo.) Sometime later, the defendant used the photo to illustrate articles published on its news websites. The defendant claims that it used Twitter's embed functionality to display the photo on its website; the plaintiff disputes this. The plaintiff sued for copyright infringement, and the defendant moved to dismiss on

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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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