Update: Dec 16, 2018
The Second Circuit had declined to hear an appeal and sent the case back for trial on other claims (fair use) and there is no information as to whether this has happened (Eriq Gardner story in the Hollywood Reporter, July 17, 2018). There is no info so far as to whether a trial has started.
EFF's page on this matter dates back to 2007. A logical question in this case might be whether the fact that the image had been on Snapchat which (unlike YouTube or most other sites) is supposed to expire and be deleted automatically, and which would mean that the secondary emedder is "preserving" it, maybe, would matter.
The EU proposed Article 13 can make all this very complicated in international cases.