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Newsweek Can’t Dismiss Copyright Case Based on Instagram Terms

June 1, 2020, 9:16 PM

Newsweek LLC couldn’t escape a copyright case over a photograph posted on its website without permission based on Instagram’s Terms of Use, a Manhattan federal court said Monday.

Instagram’s terms allow it to sublicense publicly posted photos, but Newsweek didn’t show that it had a sublicense, the U.S. District Court for the Southern District of New York said.

Elliot McGucken sued Newsweek for embedding a photo from his Instagram account of an ephemeral lake in Death Valley, Calif., on its website without his consent. In a separate case, the Manhattan court recently ruled that Instagram can grant sublicenses to photos ...