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Copyright and Terms ofService in Social Media

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The history, the hazards and some good best practices from a non-lawyer.

The history, the hazards and some good best practices from a non-lawyer.

Published in: Technology, Business

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  • Krum made almost no money off of this photo, though it was used around the world. The AP took it without permission and gave it to its members to use as well.
  • Stephanie Gordon Paid by 5 news outlets to use the photo, though it was used by many more. Some even without permission. in 2011, though, the AP paid Gordon, unlike Krum. We haven't come very far
  • Sharing it on a social media site does nothing to limit or reduce that fundamental right Many photo-sharing and social sites have some tricky fine print that give them right to license and sell your photos, too.
  • In August of this year, the BBC was using Twitter photos from the Tottenham riots without permission or credit. When they complained, a BBC staff member reportedly said content was "not subject to the same copyright laws as it is already in the public domain". They got  lot of complaints, and a few people blogged about it. BBC Policy reiterated after the fact: In terms of permission and attribution, we make every effort to contact people who've taken photos we want to use in our coverage and ask for their permission before doing so. However, in exceptional situations, where there is a strong public interest and often time constraints, such as a major news story like the recent Norway attacks or rioting in England, we may use a photo before we've cleared it.
  • In situations where news publications have no alternative access to an important image in a breaking news situation, they would be protected by fair use.
  • Emed if possible using Twitpic/Yfrog Storify
  • Look for tagged images
  • Prostitute in the Eliot Spitzer case Ashley Dupre - in a bikini. Really?
  • Non-CC photos should not be used without explicit permission from the user
  • Professional photographer Daniel Morel took pictures from Haiti after the earthquake, tweeted them, then found that AFP (a news wire service) claimed rights to the photos and sold them to others. Someone else had copied Norel’s photos, then AFP copied the copies. AFP gave those rights to Getty. Morel still has nothing. Lawsuit is still ongoing.
  • A small cottage industry  has evolved of lawyers who file rights claims for photographers. You own a copyright upon origination, but you will have a much easier time exerting rights if you file paperwork with the U.S. Copyright Office.
  • Outline your steps and contigencies YouTube Video: How can you use it? What if you want to broadcast it? Twitpic from a breaking news situation that you want to put online and in print. Non-breaking news photo from Flickr you want to put in print. You need a photo of a college student that recently died in your area and you think you have found one on Facebook. Now what?
  • Transcript

    • 1. Copyright and T.O.S.  In Social Media Mandy Jenkins, @mjenkins New Jersey Newstrain, #njnewstrain
    • 2. Twitter's Greatest Hits And How the News  Industry Stole 'Em
    • 3. 2009
    • 4. 2011
    • 5. Who Owns What's On  Social Media? No, it isn't public domain
    • 6. Copyright
      • It's established at the moment the media is made
      • .........But it doesn't mean retaining all rights
    • 7. But What About Fair Use?
    • 8. Ask Yourself:
      • Is it exclusive breaking news - or just an image I really really like?
      • Does it supplant the market for the original image?
    • 9. The best insurance is to always ask permission and give credit.
    • 10. Facebook: Copyright lies with the content originator.... Who may not be the person in the image Facebook TOS
    • 11. Remember the SPJ Code of Ethics
      • "Only an overriding public need can justify intrusion into anyone's privacy...
      • Show good taste.  Avoid pandering to lurid curiosity."
    • 12. Flickr & Creative Commons
      • CC doesn’t mean they can be used, it just means you can know how to use them.
      • Multiple kinds of CC licenses out there , so check for the kind of credit needed.
    • 13. YouTube: Embed It
      • You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content.
      YouTube TOS
    • 14. Crediting Users
        • Ask the user how or if they would like to be credited.
        • Credit the user’s full name (if available) or username/social network.
        • If they do not want to be named, credit “A Facebook user, A Twitter user"
        • Do not credit YouTube, Twitter or Facebook.
    • 15. Protect Your Work  
    • 16. Protect Your Work
        • File paperwork with the U.S. Copyright Office within 90 days of publication.
        • To get compensation or have photos removed, you must send a cease-and-desist notice, then a bill.
    • 17. Protect Your Work
        • Add a watermark to your images.
        • Use a service like tineye.com/ to see if photo has been published elsewhere.
    • 18. How Will Your Newsroom Use Social Media Images? Hint: Ask your questions here!
    • 19. Exercise Time!
    • 20. Mandy Jenkins Twitter: @mjenkins ZombieJournalism.com Find these slides at: slideshare.net/mandyjenkins