Copyright and Social Media

[Wilhelmina Randtke]

I think that someone accusing you of infringement will first ask the social
media site to take the material down, and then the social media site makes
the decision and gives you a notice and appeal process.  Social media,
other than Diaspora, is hosted and takes place in the corporation's
environment, so in the US you are under DMCA notice and take down.  You are
less exposed than when running your own server.

Here is an overview of the process
http://www.chillingeffects.org/dmca512/faq.cgi .

For YouTube view policies at http://www.youtube.com/yt/copyright/ then read
the sections on "Submit a copyright infringement notification" and "Submit
a counter notification".

For Facebook's policy look at
http://www.facebook.com/legal/copyright.php.  And here is how you
appeal the take down
http://www.facebook.com/legal/copyright.php?howto_appeal .

For Pinterest, policies are here http://about.pinterest.com/copyright/ .

You do not encounter copyright law in this environment.  Instead, you stay
in a private system administered by the social network, according to
structure spelled out in the DMCA.  You face liability after you go through
the appeal with the social network and have your content reposted after a
take down.  The copyright holder will do the notice and take down before
suing.  If you violate terms of the social network too much they will
delete your account (this is the more likely consequence of infringement).

The bigger issue is that terms of service for social networks will tend to
say "hold harmless..." and make the account holder liable for everything.
Enforceable or not, if you have government funding, then it's a safe bet
that that conflicts with mandatory contract terms you must use.  It's a
contract term that you usually cannot accept due to funding requirements
and internal policies.

-Wilhelmina Randtke


On Wed, Feb 13, 2013 at 3:17 PM, Becky Schneider <bschneider at minlib.net>wrote:

> I am working on a social media policy for our library and am hoping to
> learn how other libraries are dealing with the effect of copyright law on
> social media.
>
> Despite exhortations for libraries to become the "George Takei of our
> communities" (
> http://americanlibrariesmagazine.org/inside-scoop/digital-revolution-pr),
> I am aware that reposting images on social media usually violates
> copyright. However, I haven't been able to track down any professional
> discussions in libraryland about copyright and social media except in
> relation to Pinterest. Indeed, cute viral book memes abound on many library
> Facebook pages.
>
> Does your library have a policy, formal or informal, about copyrighted
> content on social media or has anyone otherwise dealt with this issue in
> libraries?
>
> --
> Becky Schneider
> Reference Librarian/Webmaster
> Morse Institute Library, Natick, MA
> bschneider at minlib.net
>
> Views expressed are those of the author and do not necessarily reflect the
> views or policies of the Morse Institute Library.
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