Who really owns the material that you put onthe web? Stites & Harbison PLLC attorneys Mari-Elise Taube and Stephen Weyer help define what copyright is, what rights you do and do not have when is comes to the things you put on the web. This seminar also takes a look at how social media sights like Facebook and Twitter have increased the attention to copyright rules and regulations and the possibility of copyright infringement of mete rials used on the web.

1. Do You Really Own It?
Copyrights in the Age of Cloud Computing
By Mari-Elise Taube and Stephen Weyer
Stites & Harbison PLLC

2. TO THE CLOUD!

3. AGENDA
• “To the Cloud”
• Copyright defined
• Rights granted to copyright holder
• Facebook, Twitter, and other Social Media
• The issues
• How to protect your business

4. TO THE CLOUD…
• “Cloud computing is a model for enabling
convenient, on-demand network access to a shared
pool of configurable computing resources (e.g.,
networks, servers, storage, applications, and
services) that can be rapidly provisioned and
released with minimal management effort or service
provider interaction.”
-- National Institute of Standards & Technology

5. EXAMPLES OF “THE CLOUD”
• Web-based email like Gmail and Hotmail
• Communication tools like Skype and gchat
• Video sites like YouTube and Vimeo
• Music-sharing sites like SoundCloud
• Photo-sharing sites like Shutterfly
• Blogging platforms like blogspot and
wordpress
• Storage space like Dropbox

6. WHAT DOES “THE CLOUD” DO?
• Software as a service (SaaS)
• File storage
• File synchronization
• File back-up
• Sharing with
multiple users

7. CLOUD COMPUTING
CHARACTERISTICS
• Broad network access
• Mobility and flexibility
• Reduced cost
• Self-service
• Increased storage
• No downloads

8. CLOUD COMPUTING ON THE RISE

9. THE BASICS
• To be protected by copyright, a work must be
an original work of authorship fixed in a
tangible medium of expression
• Copyright vests upon creation of the work

10. COPYRIGHTS DO NOT PROTECT:
• Ideas
• Facts
• Short phrases
• Titles
• Purely functional items

11. COMMON COPYRIGHTED WORKS
• Photographs
• Software
• Websites
• Blueprints & Plans
• Advertising materials
• Promotional videos
• Training materials
• Commercials
• Invitations

12. EXCLUSIVE RIGHTS OF OWNER
• To make copies of the work
• To distribute copies of the work to the public
• To transmit the work
• To perform the work publicly
• To display the work publicly
• To create a derivative work

13. THE RULES OF OWNERSHIP
• Normally, the author/creator owns copyright
• Authors of a joint work are co-owners of the
copyright in the work

14. EMPLOYEES VS.
INDEPENDENT CONTRACTORS
• Employer deemed author and owner as long
as…
– Control by the employer over the work
– Control by employer over employee
• Independent contractors usually own the
copyright in their work

15. WRITE IT DOWN.
• Written agreement will trump the default rules
• Draft Ownership and Assignment Agreements
• To be valid, transfer of ownership must be in
writing and must be signed by the owner of the
conveyed copyright

16. CONSIDERATIONS
• Are the cloud and its components the subject
matter of copyright?
• Who owns the cloud?
• Who owns data, software applications or other
works created in the cloud?
• Are there any fair use exceptions?
• Is use by multiple devices permitted?
• Can copyrighted works be backed up on the
cloud and then transferred to another device?

17. SOCIAL NETWORKING
• Informal marketing channels
• Content posted to a remote site
• Less care taken than a formal marketing
channel
• Allow users to post material
• Cultivate customer goodwill

18. BIGGEST COPYRIGHT ISSUES IN
SOCIAL MEDIA
• Who owns the copyright in your posts,
tweets, blogs, photos?
• Do you have the responsibility to monitor
your social media sites?

19. • You own all of the content and information you post on Facebook,
and you can control how it is shared through your privacy and
application settings. In addition:
• 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 and application settings: 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.
• When you delete IP content, it is deleted in a manner similar to
emptying the recycle bin on a computer. However, you understand that
removed content may persist in backup copies for a reasonable period
of time (but will not be available to others).

20. • You retain your rights to any Content you submit, post or display on or
through the Services. 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).
• You agree that this license includes the right for Twitter to make such Content
available to other companies, organizations or individuals who partner with
Twitter for the syndication, broadcast, distribution or publication of such
Content on other media and services, subject to our terms and conditions for
such Content use.
• … what’s yours is yours – you own your Content (and your photos are part of
that Content)
• Such additional uses by Twitter, or other companies, organizations or individuals
who partner with Twitter, 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.
• We may modify or adapt your Content in order to transmit, display or distribute it
over computer networks and in various media and/or make changes to your Content
as are necessary to conform and adapt that Content to any requirements or
limitations of any networks, devices, services or media.

21. • You are responsible for your use of the Services, for
any Content you provide, and for any consequences
thereof, including the use of your Content by other
users and our third party partners. You understand
that your Content may be rebroadcasted by our
partners and if you do not have the right to submit
Content for such use, it may subject you to liability.
Twitter will not be responsible or liable for any use of
your Content by Twitter in accordance with these Terms.
You represent and warrant that you have all the rights,
power and authority necessary to grant the rights
granted herein to any Content that you submit.

22. • …Google acknowledges and agrees that it obtains no right, title or interest
from you (or your licensors) under these Terms in or to any Content that
you submit, post, transmit or display on, or through, the Services,
including any intellectual property rights which subsist in that Content
(whether those rights happen to be registered or not, and wherever in the
world those rights may exist). Unless you have agreed otherwise in writing
with Google, you agree that you are responsible for protecting and enforcing
those rights and that Google has no obligation to do so on your behalf.
• …You retain copyright and any other rights you already hold in Content
which you submit, post or display on or through, the Services. By
submitting, posting or displaying the content you give Google a perpetual,
irrevocable, worldwide, royalty-free, and non-exclusive license to
reproduce, adapt, modify, translate, publish, publicly perform, publicly
display and distribute any Content which you submit, post or display on or
through, the Services. This license is for the sole purpose of enabling Google
to display, distribute and promote the Services and may be revoked for certain
Services as defined in the Additional Terms of those Services.

24. INFRINGEMENT
• Liability for Direct Infringement
– Reproduces, adapts, distributes, publicly performs
or displays a copyrighted work without authorization
• Liability for Contributory Infringement
(1) knew or had reason to know of the
infringing activity and
(2) actively participated
in the infringement

25. QUESTIONS TO ASK…
Can you obtain a license?
•
Are there fair use exceptions?
•
Is use by multiple devices permitted?
•
Can copyrighted works be backed up on
•
the cloud and then transferred to another
device?

26. TO ENSURE PROTECTION…
• READ the terms and conditions for social media
websites
• If you allow users to post content on your company
webpage, draft policies and procedures that comply
with the Copyright Act
• Draft a “notice and takedown” provision

28. HOW TO PROTECT COMPANY
• Monitor your social media sites
• Obtain copyright agreements with
copyright holders and employees
• Draft social media and email policies
• When in doubt, seek legal assistance

29. Mari-Elise Taube
mtaube@stites.com
Stephen Weyer
sweyer@stites.com
© 2012 Stites & Harbison PLLC