copyright and terms ofservice in social media

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Copyright and T.O.S. In Social Media Mandy Jenkins, @mjenkins New Jersey Newstrain, #njnewstrain

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

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Page 1: Copyright and Terms ofService in Social Media

Copyright and T.O.S. In Social Media

Mandy Jenkins, @mjenkinsNew Jersey Newstrain, #njnewstrain

Page 2: Copyright and Terms ofService in Social Media

Twitter's Greatest Hits

And How the News Industry Stole 'Em

Page 3: Copyright and Terms ofService in Social Media

2009

Page 4: Copyright and Terms ofService in Social Media

2011

Page 5: Copyright and Terms ofService in Social Media

Who Owns What's On Social Media?

No, it isn't public domain

Page 6: Copyright and Terms ofService in Social Media

Copyright

It's established at the moment the media is made

.........But it doesn't mean retaining all rights

Page 7: Copyright and Terms ofService in Social Media

But What About Fair Use?

Page 8: Copyright and Terms ofService in Social Media

Ask Yourself:

Is it exclusive breaking news - or just an image I really really like?

Does it supplant the market for the original image?

Page 9: Copyright and Terms ofService in Social Media

The best insurance is to always ask permission and give credit.

Page 10: Copyright and Terms ofService in Social Media

Facebook: Copyright lies with the content originator....

Who may not be the person in the image

Facebook TOS

Page 11: Copyright and Terms ofService in Social Media

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."

Page 12: Copyright and Terms ofService in Social Media

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.

Page 13: Copyright and Terms ofService in Social Media

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

Page 14: Copyright and Terms ofService in Social Media

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.

Page 15: Copyright and Terms ofService in Social Media

Protect Your Work

 

Page 16: Copyright and Terms ofService in Social Media

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.

Page 17: Copyright and Terms ofService in Social Media

Protect Your Work

• Add a watermark to your images.

• Use a service like tineye.com/ to see if photo has been published elsewhere.

Page 18: Copyright and Terms ofService in Social Media

How Will Your Newsroom Use Social Media Images?

Hint: Ask your questions here!

Page 19: Copyright and Terms ofService in Social Media

Exercise Time!

Page 20: Copyright and Terms ofService in Social Media

Mandy Jenkins

Twitter: @mjenkinsZombieJournalism.com

Find these slides at:slideshare.net/mandyjenkins