In Hunley v. Instagram (9th Cir. 2023), the Ninth Circuit reaffirmed the Perfect 10 'server test,' holding that embedding an Instagram photo does not 'display a copy' and so cannot anchor direct or secondary infringement liability.
The Second Circuit held that ReDigi's 'used' digital music marketplace necessarily made unauthorized reproductions, so the first-sale defense — which reaches only distribution — could not save it.
The Supreme Court held that Aereo's array of dime-sized antennas publicly performed broadcast television, treating the service as functionally identical to a cable system despite its individualized architecture.
The Supreme Court read 'lawfully made under this title' geographically neutral, holding that § 109's first-sale doctrine exhausts the distribution right in copies manufactured abroad.
