Talk given at the Social Media & Society Conference RTA Ryerson Sept 27 2014 #smsociety14

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

2. Cairo
social activism
Boston
citizen journalism
Ferguson
witness & share
how is Twitter impacting existing photojournalism practices
& copyright protection?

3. 304 years of
Copyright
Law.
!
strong?
Patrick Morel
wins case of
copyright violation
in 2010 vs. Getty &
AFP 2013

4. 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).

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

6. 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).

7. 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.

8. 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]

9. 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;

10. ‘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

11. global audience #hashtag
selfie vs. groupie
intentional
sharing
clear intention to share with global twitter network & beyond
logic of
tweets
&
retweets

12. correct
embed
display of
tweets in
commercial
media:
Parade
CondeNast
Abides by Twitter’s ToS Display Recommendations

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

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

15. IP & Embeds & Privacy
■#whatwereyouwearing thread
■Jessica Testa violated expectation of privacy re.
details of rape
!
!
!
!
■question of ethics

16. 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’

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

18. #whatwereyouwearing
!
hashtags are an affirmation
of visibility to an unknown
group
!
hashtags are the
anti-thesis of the ‘assumed
privacy’ stance

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