In the case of Alexis Hunley et al v. Instagram, LLC, photographers sued Instagram for copyright infringement, claiming that Instagram allows third-party sites to embed their content without permission. The district court dismissed the case, ruling that Instagram was not liable for secondary infringement. The Ninth Circuit affirmed the dismissal, citing the "Server Test" established in Perfect 10 v. Amazon, which states that embedding a photo does not constitute displaying a copy. Arguments against Perfect 10's application were rejected, and Perfect 10 was not overturned by American Broadcasting Co. v. Aereo.

https://law.justia.com/cases/federal/appellate-courts/ca9/22-15293/22-15293-2023-07-17.html

https://law.justia.com/cases/federal/appellate-courts/ca9/22-15293/22-15293-2023-07-17.html