#6 - COPYRIGHT AND FAIR USE

 Copyright and Fair Use in Social Media

    If you are anything like me, the first thing you might think of when you hear copyright is an invention or some type of media such as a song or movie. Rarely do I ever think of social media having a role in the conversation of copyright and fair use. As social media has become a thriving place for anyone to put their thoughts where the world can see them, it can be hard to distinguish exactly what you can share without breaking any copyright laws. Even though all social media sites come with their own terms and conditions, most people skip over reading that document and just click "I accept". So, what exactly is in those terms and conditions that tell users when and how they can use other people's information and content?

    The official definition of copyright is the exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. At first glance, there seems to be little in this definition that applies to social media and the sharing of content that is not yours. However, just like with an invention or writing, whenever you create and share your own original content on social media you own the copyright to the work if it is eligible. Does this mean no one can ever share a tweet, Instagram post, or Facebook status from any other users? No, many social media sites contain rules that do not allow someone to copy work and post it like it is their own. However, there are four common factors that are used when looking to see if certain content falls under fair use or copyright.

    First, there is the purpose and character of the usage. This factor looks at the use for the content: educational or commercial. Most of the time, educational uses are considered fair use, such as an excerpt from an academic journal that is posted on a college website. Next, we have to look at the nature of the copyrighted work. An example of this would be a quote from a textbook shared online with a study group vs. someone sharing a dog video on their personal feed that is not theirs. In this case, the textbook quote would be considered more fair use because it is educational in nature, unlike the dog video. 

    This next factor stuck out to me because I did not realize just how much the length of the content related to the decision of if it is copyright infringement. Generally, if someone posts a 15 second clip of a 2 hour movie online it will be considered fair use. If that same person then shares a full 3 second gif on their page it can be infringement because the gif is a larger percentage of the full work than the 15 second clip. Lastly, and perhaps the most known factor, is whether or not the use impacts the market or value of the work. If the reusing of the work makes it harder for the creator to license or sell it, it probably is not fair use. Posting an entire blog from someone else on your Facebook feed may cause the author to lose traffic or could prevent them from being able to sell that work somewhere else. 

    Although copyright and fair use may not be the most popular topic when talking about social media, there are still rules to be followed and that can be broken. In my opinion, in order to try and prevent getting into trouble for copyright infringement, I think the easiest and smartest thing to do is give credit to the creator of any work you repost or share. Also, if the work you are sharing allows that creator to make money, it is probably best to avoid posting it on your feed altogether. It is also crucial to know the rules of copyright and fair use on the social media sites you use. It has become more popular for these sites to remove content for being infringement when they do completely follow the rules of fair use, like in the tweet above. With the amount of sharing and reposting that happens today on social media, it is important to know the rules and exceptions for copyright and fair use in order to be prepared for anything happening in the future. 


Information via: https://www.legalzoom.com/articles/fair-use-and-fair-dealing-in-social-media

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