Is The Server Test Ready for a Reboot? – JD Supra

It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by the 9th Circuit in Perfect 10, Inc. v. Amazon.com Inc., now rejected by a number of courts.

Alexis Hunley et al v. Instagram involves a potential class-action claim against Instagram related to its embedding practice. “Embedding” means the process of copying unique HTML code assigned to the location of a digital copy of the photo or video published to the Internet, and the insertion of that code into a target webpage or social media post so that photo or video is linked for display within the target post. The named plaintiffs are two photojournalists whose photographs of the George Floyd protests and the 2016 election were featured on websites of various traditional media outlets without those outlets having obtained any license from the plaintiffs because those…

Read Full Story: https://www.jdsupra.com/legalnews/is-the-server-test-ready-for-a-reboot-1600621/

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