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

Wed Jan 14 10:53:22 PST 2015

Hi Annette and Nathaniel (and others),

This is all really helpful feedback/resources. Thank you! It sounds like I should be good shape since I’m aiming for a U.S. based journal in this case.

Linnea

From: Annette Markham <amarkham at gmail.com<mailto:amarkham at gmail.com>>
Date: Wednesday, January 14, 2015 at 9:46 AM
To: Paula Todd <paulatoddmedia at gmail.com<mailto:paulatoddmedia at gmail.com>>
Cc: Sriram Mohan <speaktosriram at gmail.com<mailto:speaktosriram at gmail.com>>, "air-l at listserv.aoir.org<mailto:air-l at listserv.aoir.org>" <air-l at listserv.aoir.org<mailto:air-l at listserv.aoir.org>>, Linnea Laestadius <llaestad at uwm.edu<mailto:llaestad at uwm.edu>>
Subject: Re: [Air-L] Reproducing brand generated social media content?

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

My argument, for what it might be worth, is here:  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

Best Regards,

Annette

On 14 Jan 2015, at 04:22, Paula Todd <paulatoddmedia at gmail.com<mailto: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<mailto:paulatoddmedia at gmail.com>* <paulatoddmedia at gmail.com<mailto:paulatoddmedia at gmail.com>>

On Wed, Jan 14, 2015 at 3:48 AM, Sriram Mohan <speaktosriram at gmail.com<mailto: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<mailto: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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