While plaintiff proffered many arguments in support of its copyright infringement claim – such as that Instagram’s “agreements do not convey a valid sublicense because they are ‘circular,’ ‘incomprehensible,’ and ‘contradictory'” – they were all unsuccessful. The case may not be over just yet, however, as on April 27, 2020 plaintiff filed a Motion for Reconsideration on the dismissal.
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The easiest and most obvious answer to this question is: make your Instagram private. However, that suggestion is laughable for many, especially considering the connectivity Instagram provides between users (particularly between the general public and celebrities) and how lucrative Instagram influencing has become. If putting your Instagram account on private is simply not an option, the following tips can be useful to protecting your copyright rights to Instagram posts:
It is important to note that this decision is not binding precedent on the rest of the Country, but rather only persuasive authority. That means if another, similar dispute were to be brought within a different jurisdiction, the outcome may also be different. Unless and until the Supreme Court weighs in, the issue of whether utilizing embedded Instagram photos in an online article constitutes copyright infringement will be one to watch in the coming months and years.