Instagram This: Fair Use and Social Media

By: Emil Petrossian | John M. Gatti
– Daily Journal

Federal district courts wrestle every day with applying the fair use doctrine in copyright infringement cases. The doctrine presents a classic struggle between the subjective and objective states of mind. The same facts often can result in two reasonable minds reaching two conflicting conclusions.
In our modern digital age, the possibilities for transforming art from one medium to another are virtually limitless. This poses new challenges to courts and creators alike with regard to fair use. A recent order issued by Judge Sidney Stein in the Southern District of New York sheds light on how courts may view and apply the fair use doctrine in copyright cases involving the posting of existing works on social media platforms such as Instagram.

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pursuant to New York DR 2-101(f)

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