[Air-L] copyright

Sat Nov 4 11:29:12 PDT 2017

BUT the most important is that the holder of the Rights is the creator  
and not the one who posts it .

Παραθέτοντας από "Andreas M. Panagopoulos" <ampanago at jour.auth.gr>:

> As a Journalist and an academic researcher I would like to add the  
> following remarks:
> a) We as Journalists, always ask permission from the owner of the  
> account to publish his/her footage. What I mean is that you don't  
> have the right to reproduce the material(image, video, graphics,  
> etc, especially when you're monetizing from this use.
> b) Twitter has a policy for fair use which means if there is a  
> dispute, courts will decide.  
> https://support.twitter.com/articles/20171959
> c) In my opinion, the same rules apply to all social media.
> Hope it's helpful
> Best
> Andreas
>
>
>
> Παραθέτοντας από "Dan L. Burk" <dburk at uci.edu>:
>
>> 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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