[Air-L] Reproducing brand generated social media content?

[Annette Markham]

The question is a good one. In my experience, it depends on many things (legal as well as ethical).  Here, let me just briefly address two that seem directly relevant.  First, check the regulations surrounding the publication venue. Danish journals, from my experience, tend to be more restrictive than those in the U.S., in terms of requiring approval for including such things as screenshots in published articles.  Second and completely oversimplified here, determining exactly what the screenshot constitutes is messy (is it a copyrighted product? a representation of an individual? a publicly accessible and therefore publicly usable snapshot?).  

I have used a fair use argument for embedding screenshots into published manuscripts by citing the best practices document from ICA (International Communication Association). Their (very good) best practice guidelines are here: http://www.cmsimpact.org/fair-use/related-materials/codes/code-best-practices-fair-use-scholarly-research-communication#two <http://www.cmsimpact.org/fair-use/related-materials/codes/code-best-practices-fair-use-scholarly-research-communication#two>

My argument, for what it might be worth, is here:  http://www.markham.internetinquiry.org/2012/02/fair-use-of-images-in-scholarly-publishing/ <http://www.markham.internetinquiry.org/2012/02/fair-use-of-images-in-scholarly-publishing/>

You might also search for similar discussions in the archives of this mailing list, since this topic tends to come up again and again. This is an important discussion and many have addressed different relevant facets of the issue.

Finally, you might find some general ethics guidance in one of our AOIR ethics documents or the associated wiki: http://ethics.aoir.org/index.php?title=Main_Page <http://ethics.aoir.org/index.php?title=Main_Page>

Best Regards,

Annette


> On 14 Jan 2015, at 04:22, Paula Todd <paulatoddmedia at gmail.com> wrote:
> 
> Great question. I am also doing doctoral research on brand participation in
> new media, and welcome any suggestions from our community.
> 
> 
> Best,
> Paula
> 
> *PAULA TODD, B.A., LL.B.*
> Twitter: @paula_todd
> *paulatoddmedia at gmail.com* <paulatoddmedia at gmail.com>
> 
> 
> 
> 
> 
> 
> On Wed, Jan 14, 2015 at 3:48 AM, Sriram Mohan <speaktosriram at gmail.com>
> wrote:
> 
>> Two links that seem useful in this context:
>> http://www.copyright.gov/circs/circ21.pdf (the section on Fair Use)
>> 
>> http://authorservices.wiley.com/permissions%20guidelines%20for%20authors%20pdf.pdf
>> 
>> Screencaps might fly, if used sparingly. If you want to showcase extensive
>> portions of their content, I think getting permission is inevitable.
>> 
>> Warmly,
>> *Sriram Mohan   *|   +91 97699 20049   |   @arbitist
>> <http://twitter.com/arbitist>
>> 
>> On 13 January 2015 at 03:35, Linnea Irina Laestadius <llaestad at uwm.edu>
>> wrote:
>> 
>>> Hi all,
>>> 
>>> I'm hoping someone can give me guidance on rules surrounding the
>>> reproduction of brand generated social media content in journal articles
>>> (e.g. An Instagram post or tweet from an account owned by a major
>>> corporation like Nike or McDonald's). I'm trying to document brand
>>> practices on social media, and so including some screen captures of
>> actual
>>> posts in the manuscript is key. I'm not so much concerned about the
>> ethics
>>> of it since it's corporate generated content designed to be seen by the
>>> public, but I also don't want to violate the TOS or otherwise find myself
>>> in hot water over this. I obviously can't embed content in a manuscript
>>> that will eventually end up in print, but perhaps a screen capture of the
>>> output from the official embed tools would be safest. Thoughts?
>>> 
>>> Linnea
>>> 
>>> Linnea I. Laestadius, PhD, MPP
>>> Assistant Professor
>>> Joseph J. Zilber School of Public Health
>>> University of Wisconsin-Milwaukee
>>> 
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