Copyrighted Images on Social Media

Perfect 10 established that copyright infringement occurs when content is stored on an entity’s server, thus establishing the server test. However, if the purpose, character, nature, portion, and effect of the work on the market substantially differ, then infringement is not present. Hunley implemented the Perfect 10 decision in social media,  determining that while a social media platform hosts the photograph on its server, the platform’s terms of use likely grant the social media platform a license.