Filing a DMCA takedown notice to have Instagram remove a photo that has been used without permission is a frustrating process. Now, evidence is emergi

Instagram Might Not Care About Copyright Law and It Could Land Them in Trouble

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2021-09-05 01:00:04

Filing a DMCA takedown notice to have Instagram remove a photo that has been used without permission is a frustrating process. Now, evidence is emerging that Instagram’s handling of these notices could put the social media giant in a tricky legal situation.

In late spring 2008, photographer Martin McNeil grabbed his press pass and jumped on a train to the Edinburgh International Film Festival Ray to photograph Ray Harryhausen, a Hollywood legend and pioneer of stop-motion animation effects. Having filed the shot with his agency, McNeil didn’t give the image much thought until Harryhausen passed away in 2013. The New York Times ran McNeil’s photo as the lead image in one of its reports looking back on Harryhausen’s life and how he had brought stunning effects to movies such as Jason and the Argonauts and Clash of the Titans.

Since then, fans of Harryhausen have periodically posted the image to Instagram, eagerly uploading a photo they do not own to a platform that has very few consequences for users breaching its Terms and Conditions. Many sharing the image would have little idea that uploading the photo infringes McNeil’s copyright and is against the law — specifically the Digital Millennium Copyright Act, better known as the DMCA. Over the years, McNeil has submitted countless takedown notices in line with this legislation in order to protect the value of his work.

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