Photographer cant sue a website for embedding her Instagram post, says court

A court ruled yesterday that Mashable can embed a professional photographer’s photo without breaking copyright law, thanks to Instagram’s terms of service. The New York district court determined that Stephanie Sinclair offered a “valid sublicense” to use the photograph when she posted it publicly on Instagram.

The case stems from a 2016 Mashable post on female photographers, which included Sinclair and embedded an image from her Instagram feed. Mashable had previously failed to license the image directly, and Sinclair sued parent company Ziff Davis for using Instagram embedding as a workaround.

But Judge Kimba Wood noted that Instagram reserves a “fully paid and royalty-free, transferable, sub-licensable” right to photos on its service....

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