The Supreme Court will hear McGucken v. Valnet, Inc., a critical case on copyright law regarding the 'Server Test.' This legal doctrine allows websites to avoid infringement by embedding images hosted elsewhere. Photographer Elliot McGucken argues against the practice of other sites embedding his authorized Instagram posts, asserting that it infringes on his rights despite consent given for his content on Instagram. The Ninth Circuit ruled in favor of Valnet, leading McGucken to seek a Supreme Court review on the broader implications this decision has on copyright protections for photographers.
In McGucken v. Valnet, Inc., the Supreme Court is set to reconsider the legality of the 'Server Test' which allows sites to embed third-party images without direct hosting.
Photographer Elliot McGucken argues against websites embedding his Instagram posts, despite prior authorization, as it undermines his copyright control over the images.
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