Court clarifies appropriate use of photographs under Twitter terms of service

The U.S. District Court for the Southern District of New York issued it’s ruling in AFP v. Morel in which a photogapher sued AFP and Getty images for copyright infringement arising out of the use of photgraphs taken during the devastating Haitian earthquake of 2009twitter-logo-150x150 the photographer had placed on Twitter for sale. The Court ruled in favor of the photographer and found that Getty’s affirmative defenses including that it was a third party benefiicary under the limited license created by Twitters’ terms of use did not benefit Getty or prevent it from being liable for infringement. The Court further found that Getty did not fall within the parameters of the safe harbor amendment to the DMCA and was not qualify as a service provider as defined. Read more here at Ars Technica.


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