Twitter, Copyright, Embeds, PrivacyDr. Siobhan O’Flynn Canadian Studies, University of Toronto Social Media & Society, Ryerson RTA Sept. 27 2014 @sioflynn

Cairosocial activism

Bostoncitizen journalism

Fergusonwitness & share

how is Twitter impacting existing photojournalism practices & copyright protection?

Patrick Morel wins case of copyright violation in 2010 vs. Getty & AFP 2013

304 years of Copyright Law. !

strong?

Twitter’s ToS 5. Your Rights

■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).

CBS edited A.O Scott’s tweetTwitter’s TOS violation #1 #2 was using tweet in ad w/out permission

Twitter’s ToS■We welcome and encourage the use of Twitter in

broadcast. Our requirements ensure that Twitter users receive attribution for their content, and help provide the best experience for your audience.

■In all cases, without explicit permission of the original content creator, Twitter content may not be used

◦ in advertising ◦ to imply endorsement of any product or service. ■Include the user’s name and Twitter handle (@username)

with each Tweet. ◦Use the full text of the Tweet. You may edit or revise

Tweet text only as necessary due to technical or medium limitations (e.g., removing hyperlinks).

Twitter’s ToS privacy■Public Tweets (the default

setting) are visible to anyone, whether or not they have a Twitter account

■Protected Tweets may only be visible to your approved Twitter followers.

Twitter’s ToS 4. Content on the Services [Twitter’s protection re. Liability]

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content.

We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk

[See ‘Limitations on liability…’ DMCA]

DMCA (a) Transitory Digital Network Communications.— A service provider shall not be liable…

■ ‘for transmitting material through a system or network controlled or operated by or for the service provider, or by reason of the intermediate and transient storage of that material..’ ■ (1) the transmission of the material was initiated by or at the

direction of a person other than the service provider;’ ■ (2) the transmission, routing, provision of connections, or

storage is carried out through an automatic technical process without selection of the material by the service provider; ■ (3) the service provider does not select the recipients of the

material except as an automatic response to the request of another person;

‘Twitter Unleashes Embeddable Tweets’ ■ twitter redesign Dec 8 2011 ■ embed function provides code for display

of whole tweet with reply, retweet & favorite enabled

■ easy, convenient cross posting ■ formalizes representation of Twitter’s

‘brand’ identity

global audience #hashtag selfie vs. groupie

intentional sharing

clear intention to share with global twitter network & beyond

logic of tweets & retweets

correct embed display of tweets in commercial media: Parade CondeNast

Abides by Twitter’s ToS Display Recommendations

embeds & crisis reporting Twitter’s ToS out the window photojournalist David Carson not credited

@steenfox tweeted a question…Jessica Testa posted replies in Buzzfeed article, 4 were later deleted re. permissions

Embeds, IP & Privacy

IP & Embeds & Privacy■#whatwereyouwearing thread ■Jessica Testa violated expectation of privacy re.

details of rape

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■question of ethics

Twitter’s ToS privacy■Twitter’s ToS define it as a

public forum sharable to any other platform or media ■‘Public Tweets (the

default setting) are visible to anyone, whether or not they have a Twitter account’

Twitter’s ToS & embed function create a loophole re. legal copyright & assumptions of privacy

#whatwereyouwearing !

hashtags are an affirmation of visibility to an unknown group !

hashtags are the anti-thesis of the ‘assumed privacy’ stance

Twitter’s ToS & embed create a legal grey zone…!!Dr. Siobhan O’Flynn Canadian Studies University of Toronto !@sioflynn