Center for Internet Law – Portland

Recent Legal Developments

Online Licensing

Alliance France Presse (AFP) v. Getty Images. U.S. District Court-New York, 34 F. Supp. 2d 547 (2013).
Court holds no license under Twitter’s terms of service for AFP to further distribute photos transmitted to AFP via Twitter.

Photographer Morel took photos of Haiti following 2010 earthquake and transmitted them via Twitter. AFP asserts it was licensed under Twitter’s terms of service to further distribute Morel’s photographs. Court rejects AFP’s asserted interpretation of Twitter’s confusingly drafted terms of service. A strict holding limiting rights of third parties to make use of and further distribute online-posted works. Also important case in illustrating risks of badly drafted, less-than crystal-clear terms of service.

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