Volvo can't evade a lawsuit from a photographer and model who say their test shoot photos were used as a social media advertisement without their permission
Volvo can't evade a lawsuit from a photographer and model who say their test shoot photos were used as a social media advertisement without their permission — but the court hasn't yet analyzed its argument that Instagram's terms of service provided a license in this situation.after it used images from their shoot in the southern California desert in an Instagram story in violation of their rights .
"Even if Rule 201 permitted it, the Court would only able to take judicial notice of the existence of the screenshots from these websites, not the truth of the matters asserted therein," writes Phillips, noting that in order to consider the related exhibits she would need to convert the motion to dismiss to a motion for summary judgment and she declines to do so this early in the litigation.
Volvo had also argued that model Britni Sumida's claims were preempted by the U.S. Copyright Act, but Phillips disagreed.
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