How Artists Can Curtail Online IP Theft Defended By Fair Use

Law360 (October 18, 2019, 12:45 PM EDT) -- Society, as never before, communicates through photographs on social media platforms like Facebook Inc., Twitter Inc. and Instagram Inc.. With barely a thought, individuals snap, post and share photographs online for the world’s consumption and collectively forget that social media posts are in the public domain, susceptible to being easily copied and used without permission.

Image theft across the internet is not only widespread, but also expected behavior. For example, in Brammer v. Violent Hues Productions,[1] an organizer of a local festival ran a Google Inc. search for a suitable photograph of the festival’s venue, found an image on Flickr, and...

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