In McGucken v. Valnet, the Supreme Court is being asked to reevaluate a controversial copyright rule known as the “Server Test,” which determines liability based on how an image is displayed online—not whether it actually appears on your screen. Dr. Elliot McGucken claims that embedding his Instagram photos without permission still violates his rights, even if the images weren’t stored on the defendant’s server. With big implications for photographers, publishers, and the future of online content, this case could shake up how we think about copyright in the digital age.
Download the full article to unpack the arguments, policy debates, and what’s at stake if the Court takes the case.