At the center of the issue is the “server test,” which was established by the 9th Circuit U.S. Court of Appeals in 2007 in a lawsuit brought against Google.
At the center of the issue is the “server test,” which was established by the 9th Circuit U.S. Court of Appeals in 2007 in a lawsuit brought against Google over image thumbnails by a company called Perfect 10.
Under the test, Instagram argues, “an internet company can be found to directly infringe a copyright owner’s rightsservers.” Instagram hosts and transmits the content, which means the third-party sites can’t be liable for copyright infringement. And, anyone who signs up for Instagram agrees to its Terms of Use, which grants “a nonexclusive license to publicly reproduce and display the content the user uploads and posts to their account.
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