Hunley
Hunley v. Instagram, LLC
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 ALEXIS HUNLEY, et al., Case No. 21-cv-03778-CRB
Plaintiffs,
ORDER GRANTING MOTION TO
v. DISMISS
INSTAGRAM, LLC, Defendant.
A copyright owner “has the exclusive right” to “display” a copyrighted image or video “publicly.” 17 U.S.C. § 106(5). To “display” a copyrighted image or video means “to show a copy of it, either directly or by means of . . . any other device or process.” Id. § 101. “Copies” are “material objects . . . in which a work is fixed by any method . . . and from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.” Id. And a work is “fixed in a tangible medium of expression when its embodiment in a copy . . . , by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.” Id. The Ninth…