THE IP BRIEFINGNEW YORK
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Issue No. 049 · Story 02 · September 4, 2026

Copyright

Tesla Must Face Copyright Claim Over Elon Musk Repost

A California federal judge refused to dismiss a contributory copyright claim alleging that Elon Musk amplified an unauthorized drone video by reposting it on X while communicating about Tesla's diner expansion plans.

  • §Photographer James Quilici alleges that another X user uploaded his drone video without permission and credited WC Drone Productions.
  • §Musk reposted the video with comments about Tesla opening diners in major cities and at Supercharger sites.
  • §The court found it plausible at the pleading stage that Musk acted with authority on Tesla's behalf.
  • §The court also found that the credit line and later notice could support allegations of knowledge and willfulness.

THE TAKEAWAY

The ruling allows a secondary liability theory based on a corporate leader's social media amplification to proceed. It places account use, agency, attribution, and notice at the center of a brand content dispute.

Source: PPC Land

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