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Earlier this year, a photographer filed a lawsuit against Meta. As in some previous cases, it was because of Meta’s embed tool which allows anyone to add photos to third-party websites without asking for permission.
However, the photographer lost the case – or more precisely, he lost this round. The judge gave him permission to amend his complaint, which means that he could win the war despite losing this battle.
Renowned nature photographer Paul Nicklen has won a copyright lawsuit against the Sinclair Broadcast Group. He posted a video on his Instagram, which Sinclair embedded on its website along with a screenshot without asking for permission first. Nicklen sued and won the case that could have implications for all photographers and videographers.
Well, this is a shocker. Image sharing platform Instagram has weighed in on the whole embedding thing after a second case has arisen involving post embedding and copyright infringement. Instagram has come forward, telling Ars Technica that it does NOT grant a sublicense to anybody who includes a public Instagram post in a website via its embed feature.
The news seems to not only contradict the assertion of a New York federal judge but also most peoples interpretation of Instagram’s own terms and conditions. But the short version is that you are now required to have permission from the person who posted the image before you embed or share it on your website. Which is a pretty massive shift in attitude, considering the site’s been around for almost a decade and is only now clarifying the issue.
The past few years have made it abundantly clear that platforms hold disproportionate power in the online sphere – from Uber to Grubhub to Amazon. Online success is predicated on building both utility as well as a critical mass of users, and for that, platforms should be congratulated.
However, once we agree to the terms and conditions of the platform, we cede a tremendous amount of power and control while simultaneously becoming the product. And the balance of power is continually re-tipped in favor of the platform with opaque algorithmic changes, continuous monetization of user data, and in many cases, raw exploitation of constituents within the ecosystem.
Udi Tirosh is an entrepreneur, photography inventor, journalist, educator, and writer based in Israel. With over 25 years of experience in the photo-video industry, Udi has built and sold several photography-related brands. Udi has a double degree in mass media communications and computer science.
Alex Baker is a portrait and lifestyle driven photographer based in Valencia, Spain. She works on a range of projects from commercial to fine art and has had work featured in publications such as The Daily Mail, Conde Nast Traveller and El Mundo, and has exhibited work across Europe
Dave Williams is an accomplished travel photographer, writer, and best-selling author from the UK. He is also a photography educator and published Aurora expert. Dave has traveled extensively in recent years, capturing stunning images from around the world in a modified van. His work has been featured in various publications and he has worked with notable brands such as Skoda, EE, Boeing, Huawei, Microsoft, BMW, Conde Nast, Electronic Arts, Discovery, BBC, The Guardian, ESPN, NBC, and many others.
John Aldred is a photographer with over 20 years of experience in the portrait and commercial worlds. He is based in Scotland and has been an early adopter - and occasional beta tester - of almost every digital imaging technology in that time. As well as his creative visual work, John uses 3D printing, electronics and programming to create his own photography and filmmaking tools and consults for a number of brands across the industry.
Dunja Djudjic is a multi-talented artist based in Novi Sad, Serbia. With 15 years of experience as a photographer, she specializes in capturing the beauty of nature, travel, and fine art. In addition to her photography, Dunja also expresses her creativity through writing, embroidery, and jewelry making.
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