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Recent legal and procedural developments associated with the ubiquitous Instagram social media site have created significant practical and legal risks for both copyright owners and account holders that entertainment industry professionals should note.
In the age of social media, thousands of images, articles, videos and recordings are brought to public attention through private citizens, organizations and even the president of the United States, using social media and digital platforms. Digital media exists in the form of everything from memes to news reports to company blogs. Although first launched only in 2010, over 45 billion photos have been shared on the Instagram social media platform. It is currently one of the top five visited applications on the Internet. See, www.thefactsite.com. Instagram clearly has become a critical vehicle for professional photographers, artists and other content providers to share their work and connect with licensees.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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