Embedded Instagram Post Is Fair Use, Judge Says

Law360 (November 2, 2020, 3:15 PM EST) -- A New York federal judge ruled Monday that a sports website was protected by copyright law's fair use doctrine when it embedded an Instagram image of professional tennis player Caroline Wozniacki, marking the latest ruling in a fast-developing area of law.

U.S. District Judge Allyne R. Ross tossed a lawsuit accusing Long Island Tennis Magazine of infringing Michael Barrett Boesen's copyrighted image when it embedded an Instagram post from Wozniacki that featured the photo.

Because the news site was reporting on Wozniacki's Instagram post itself — the caption announced her retirement — the judge said that the embed was a "transformative"...

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