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Social Media Impact on Copyright Infringement:
- 1. SOCIAL MEDIA IMPACT ON COPYRIGHT INFRINGEMENT: A FIRST AMENDMENT ANALYSIS By: Cait Morrissey
- 2. BRIEF HISTORY • Copyright is defined as “ownership rights given to those who produce creative expression” (Olson, 2019, p. 84). The rapid growth of Internet communication through social media sites present intellectual property concerns because social media users may copy and paste content in violation of the law. • The first Copyright Act in the United States in 1909 was designed to provide protection of unpublished work with a purpose of exhibition or performance (Lisby, 2019, pp. 234). • The point of the 1976 revision was to promote the protection of creativity and innovation. Copyright does not protect ideas, but it instead creates rights for the manner of expression.
- 3. OTTO V. HEARST COMMUNICATIONS • In Otto v. Hearst Communications (2018) the plaintiff was at a wedding that was crashed by President Donald Trump. Otto snapped a photo of the president and the bride and another guest asked him to text him the photo. The next morning the picture went viral. Hearst claimed fair use, but Otto fought for his use of “The First Sale Doctrine.” One of the reasons why Hearst claimed fair use is that they are reporting news, which is included in fair use, and Otto’s use was probably for personal use and not actually for the First Sale Doctrine. The judge found that it did not qualify for fair use and sided with Otto.
- 4. CARIOU V. PRINCE • In Cariou v. Prince (2013), Prince, an artist, took photos from Instagram and added his own comments at the bottom of the image. The original photographer filed a lawsuit against Prince for copyright infringement. Prince defended himself by claiming fair use of Carious photos because he transformed the pieces enough. The decision was in favor of the photographer.
- 5. Law Review – Kim (2018) • Explores and address the gap between copyright/ intellectual property and ever changing technology as well as the background and history of copyright. • Solution that Kim (2018) proposes is for social media platforms like Instagram to revisit their terms of service and clearly define sharable content and what is and what is not copyright infringement. Instagram does not do enough to “provide adequate information, sufficient safeguards, or enforceable remedies against infringers” (Kim, 2018, p. 5).
- 6. Statutes • Currently, there is no legislation that actively targets copyright infringement on social media. • “Copyright and other intellectual property laws generally apply to content on social media sites in much the same way as other contexts, both with regard to original content and to the use of material that belongs to others” (Olson, 2017, p.83). • Copyright Acts: 1906, 1976, DMCA 1998 • Baker v Seldon (1989) - The case gave new light to idea- expression dichotomy.
- 7. Conclusion • The rise of social media has influenced the way copyright infringement is handled. Currently, the way copyright law handles copyright infringement lacks in many areas. • Copyright law that targets social media is needed to supplement the current copyright laws and acts. • Propose a challenge as to how it would not violate the First Amendment.