Instagram Beats Photo Embedding Copyright Suit

Ombir Sharma
2 min readSep 18, 2021

Instagram has proved wrong to the customers who claim their built-in function is violating the copyright by enabling third-party websites without a licence to broadcast videos and photos. Instagram Beats claims that it hosts, transmits, however, it cannot be held responsible for directly contravening copyright. As it has a licence and that Instagram cannot be held responsible for enabling it as well, given that third parties with embed posts cannot be held responsible under the server test.

On behalf of users who had contributed work to the app, which was then included elsewhere without authorization. Two photographers sued Instagram in May for the use of their photographs and violation of laws. Instagram’s embed function enables third parties to see content with no licence. The app is indirectly accountable for allowing its copyright violation. Not only these two photographers, but there are endless users who have stated that their pictures were being used without a consent.

Users Thoughts On Built-In Function

Instagram Beats was filed with a suit by the users that one of the built-in function was not working properly. The judge claimed that if a site publisher does not ‘save’ an image or a video. The publisher of the site does not ‘communicate’ the picture or the video in the relevant sense. So it does not breach the exclusive copyright right of copyright owner.

The exclusive display rights of Instagram users shall not be violated by third parties pursuant to Perfect 10. Because photos and videos are not stored, they do not fix any ‘tangible expression medium’ for the copyrighted work. Consequently, they don’t exhibit copies of the protected material when they insert the photos and movies.

In addition to agreeing to use terms and terms that give Instagram a non-exclusive license to reproducing and displaying publicly the content that users upload and post to their account. The social media application argued that the 9th circuit of the US Court of Appeal has introduced the server test. This enables a company to be liable for infringement of copyright only if the material is hosted and transmitted.

Originally published at on September 18, 2021.



Ombir Sharma

Ombir is a SEO Executive at The Next Hint Inc. He is a SEO and writer has 2 years of experience in these respective fields.