[Air-L] copyright

Sat Nov 4 04:19:32 PDT 2017

Good points, especially the reminder about data privacy. 

I might disagree with Hans just a bit on what the ToS terms do or allow.
 Copyright involves multiple exclusive rights. For example, the Twitter
language below covers most or all of the exclusive rights of a copyright
holder with regard to Twitter, but only specifically covers the "making
available" or right of communication to the public, which in the U.S.
would be the right of distribution or of transmission, with regard to
subscribers.  So with regard to subscribers, the language does not
necessarily grant permissions for rights such as the right of
adaptation.  So I don't think you can safely say that someone who tweets
material has given permission to further "use" the content; the terms
allow Twitter and its formal licensees to do pretty much anything with
the content, and allow others to re-transmit the content (e.g., retweet)
but many uses (like incorporation into a book) will not be explicitly
covered by the language below. 

Licenses for some such third party uses might be implied from the fact
of the public posting, but then you have to start relying on what the
court thinks is a reasonable inference from the circumstances.   

Also, the ToS may or may not be enforceable in some jurisdictions where
a claim may be brought -- for example, some exclusive rights in
copyright and related rights cannot be contractually waived in some
European countries, ToS or no ToS. 

All of this provides endless material for final examinations in my
classes.  Life is good. 

Cheers, DLB 

-- 

Dan L. Burk
Chancellor's Professor of Law
University of California, Irvine
++++++++++++++++++++++++++++++++
2017-18 Fulbright Cybersecurity Scholar 

On 2017-11-04 02:19, Hans Lammerant wrote:

> For copyright questions do not forget to check the Terms of Use of the
> service. One of the reasons that Twitter is popular for a wide range of
> research, including commercial use, is that it is very open. Facebook is
> more difficult.
> 
> Twitter: https://twitter.com/en/tos: article 3 under Your Rights:
> 
> By submitting, posting or displaying Content on or through the Services,
> you grant us a worldwide, non-exclusive, royalty-free license (with the
> right to sublicense) to use, copy, reproduce, process, adapt, modify,
> publish, transmit, display and distribute such Content in any and all
> media or distribution methods (now known or later developed). This
> license authorizes us to make your Content available to the rest of the
> world and to let others do the same. You agree that this license
> includes the right for Twitter to provide, promote, and improve the
> Services and to make Content submitted to or through the Services
> available to other companies, organizations or individuals for the
> syndication, broadcast, distribution, promotion or publication of such
> Content on other media and services, subject to our terms and conditions
> for such Content use. Such additional uses by Twitter, or other
> companies, organizations or individuals, may be made with no
> compensation paid to you with respect to the Content that you submit,
> post, transmit or otherwise make available through the Services.
> 
> Facebook: https://www.facebook.com/legal/terms
> 
> article 2. *Sharing Your Content and Information*
> 
> **You own all of the content and information you post on Facebook, and
> you can control how it is shared through your privacy
> <https://www.facebook.com/settings/?tab=privacy> and application
> settings <https://www.facebook.com/settings/?tab=applications>. In
> addition:
> 
> 1. For content that is covered by intellectual property rights, like
> photos and videos (IP content), you specifically give us the following
> permission, subject to your privacy
> <https://www.facebook.com/settings/?tab=privacy> and application
> settings <https://www.facebook.com/settings/?tab=applications>: you
> grant us a non-exclusive, transferable, sub-licensable, royalty-free,
> worldwide license to use any IP content that you post on or in
> connection with Facebook (IP License). This IP License ends when you
> delete your IP content or your account unless your content has been
> shared with others, and they have not deleted it.
> 4. When you publish content or information using the Public setting, it
> means that you are allowing everyone, including people off of Facebook,
> to access and use that information, and to associate it with you (i.e.,
> your name and profile picture).
> 
> article 5. *Protecting Other People's Rights*
> 
> 7. If you collect information from users, you will: obtain their
> consent, make it clear you (and not Facebook) are the one collecting
> their information, and post a privacy policy explaining what information
> you collect and how you will use it.
> 
> In other words, who tweets has given already the permission to further
> use the content. At Facebook it depends on the person's settings, but
> the Public setting implies also such permission. This concerns copyright.
> 
> Keep in mind that privacy and data protection is a different set of
> rules, which are quite different in the US, the EU and elsewhere. And
> Facebook is explicit in the need to obtain consent. This does not
> substitute privacy law, but shapes what reasonable expectations of users
> are. Twitter does not make a statement about this (at first glance, so
> check all documents). This makes that you can defend a position (in the
> US legal context) that the use of Twitter is public speech and therefore
> reasonable expectations of privacy do not counter the use of tweets by
> others. EU data protection is more strict and requires for every use a
> clear legitimation (which can be consent) and purpose.
> 
> Best,
> 
> Hans Lammerant
> 
> researcher Law, Science, Technology and Society (LSTS) - Vrije
> Universiteit Brussel (VUB)
> 
> On 03-11-17 20:19, Dan L. Burk wrote: 
> 
>> Given that we don't know what is in the screenshot (and also given that
>> it being public is largely irrelevant) it may not be wise to offer
>> advice on what is or is not "definitive" fair use. 
>> 
>> Additionally, according to her web page, it appears that Lauri is
>> located in Macau, so advice on fair use may be itself irrelevant. 
>> 
>> Fair use is one possibility that she can discuss with her publisher,
>> assuming her publisher is located in the U.S. (or Israel) and doesn't
>> service international markets. 
>> 
>> Or, it may be simpler to get permission to reproduce the material. 
>> 
>> Cheers, DLB
> 
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