Legal Counsel: Can you copyright a tweet?; The Oklahoman, August 19, 2018

Terry L. Watt, PhD, The Oklahoman; Legal Counsel: Can you copyright a tweet?

"Although there is no clear rule concerning the ability to copyright tweets, it is likely that in most cases they are not eligible. Still, when in doubt, getting permission from the author is always advised."

Fans howl over taking down World Cup Twitter posts for copyright issues; NBC News, July 14, 2018

Francis Whittaker, NBC News;

Fans howl over taking down World Cup Twitter posts for copyright issues

 

"The removal of Conn’s tweet created a minor tabloid furor in the U.K.

It also raised broader questions about how effectively accusations of copyright infringement are enforced on digital platforms, and whether such notices — and the filter technologies that are likely behind them — take into account copyright exceptions and fair use of material."

Patent office has received 32 trademark requests for 'covfefe'; The Hill, June 15, 2017

Harper Neidig, The Hill; Patent office has received 32 trademark requests for 'covfefe'

"The U.S. Patent and Trademark Office (USPTO) has received more than 30 trademark requests containing the word “covfefe,” a term President Trump included in a cryptic tweet last month.

  

The 32 trademark requests include two hashtag versions of the word, two companies seeking to claim the phrase “Covfefe Coffee” and 25 attempts to trademark the word alone."

The Rise and Fall of Yik Yak, the Anonymous Messaging App; New York Times, May 27, 2017

Valeriya Safronova, New York Times; The Rise and Fall of Yik Yak, the Anonymous Messaging App

"At the end of that year, Mr. Droll and Mr. Buffington laid off 60 percent of their employees, and last month, they shut down the operation, selling off intellectual property and employee contracts to Square Inc., a mobile payment company, for $1 million. A few months earlier, Hive, a college-based chat app with a similar color scheme to Yik Yak’s, popped up in the iTunes and Google Play stores, with Mr. Buffington in one of the screenshots. Whether it was an attempt at reinvention under the Yik Yak umbrella or a side project is unclear, but it is no longer available...

Morgan Hines, who will start her fourth year at Northeastern University in Boston this fall, never encountered nastiness on Yik Yak. “I thought it was funny,” she said. “It formed a lot of camaraderie between students. There would be random shout-outs to things happening on campus, like people who are attractive or being annoying in the library, or a fire alarm going off at 4 a.m.”

But Ms. Hines criticized Yik Yak’s hyper-localization. “Yik Yak was for pockets of people on campus,” she said. “If the fire alarm went off at 4 a.m., it only went off at your building, so no one else will give it a thumbs-up.”

That hyper-localization is also what made the cases of harassment particularly galling. Ms. Musick, one of the plaintiffs, said, “With Yik Yak, in the back of your mind, you know they’re not from around the world or other parts of the state, they’re right there in your classroom, in your dining hall. On a campus with 4,500 students, that’s a pretty small group of people. This isn’t some creepy guy in his mom’s basement in Indiana.”"

'This is the new reality': Panelists speak for Pitt cyber security institute; Pittsburgh Post-Gazette, 2/3/17

Chris Potter, Pittsburgh Post-Gazette; 

'This is the new reality': Panelists speak for Pitt cyber security institute:

[Kip Currier: This was a fascinating and informative panel at the University of Pittsburgh on February 2, 2017, discussing cyberhacking, efforts to identify hackers and hacker-sanctioning actors/nation states, and responses to hacking threats and incidents.

Two comments (which I'll paraphrase below, without benefit of a transcript) by panelist and Russian journalist Andrei Soldatov, stood out for me:

1. Vladimir Putin's Russia has deftly understood and exploited the distinction between "cybersecurity" and "information security" (the West, Soldatov contends, has focused more on the former).

2. Under Stalin, technical training in Soviet universities and technical institutes did not include study of ethics and the humanities (largely relegated to those in medical professions).]

"The precise identity and motivations of the hackers who leaked sensitive Democratic emails during last year’s presidential election may never be known. But they left fingerprints that were familiar to Andrei Soldatov, a journalist who has written about Russia’s security state for the past 20 years.

Like much of the propaganda back home, Mr. Soldatov said at a University of Pittsburgh panel discussion Thursday, “It’s not about building the positive narrative, it’s about building the negative narrative. … To say everyone is corrupt and no one can be trusted — people will accept this.”

Mr. Soldatov was one of four panelists convened by Pitt’s fledgling Institute of Cyber Law, Policy, and Security and its new director, former U.S. Attorney David Hickton. The discussion drew a few hundred people to the first public event for the center, which focuses on cybercrime and cybersecurity."

How Ronda Rousey Clips Reveal Facebook’s Copyright Challenge; Fortune, 1/3/17

Jeff John Roberts, Fortune; 

How Ronda Rousey Clips Reveal Facebook’s Copyright Challenge:

"The copyright conundrum arose in early 2015 after Facebook (FB, +1.52%) faced a barrage of criticism over the phenomenon of "free-booting" in which people make copies of clips they see on YouTube (GOOG, +1.86%) and elsewhere, and then upload them as their own to Facebook, where the videos can be seen thousands or millions of times.

In response to the criticism—including an essay called "Theft, Lies, and Facebook Video"—the company in 2015 said it took the intellectual property issues seriously, and that it was expanding tools to help copyright owners protect their content.

Based on the latest proliferation of Rousey clips, though, it's hard to see how Facebook has made much progress. Unlike similar clips that appear on YouTube, the Facebook fight videos don't come with advertising, which means the copyright owner is not making any money from them. (YouTube has long had a system called Content ID that flags infringing clips and either remove them or place ads one them)."

TV for the fake news generation: why Westworld is the defining show of 2016; Guardian, 12/7/16

Paul MacInnes, Guardian; TV for the fake news generation: why Westworld is the defining show of 2016:

"Westworld is a hit. Viewing figures released this week confirmed that the first season of HBO’s sci-fi western drama received a bigger audience than any other debut in the channel’s history...

The producers deliberately reached out to an audience that enjoys obsessing. They knew some fans would watch the show again and again on their laptops. They knew they would freeze-frame the screen and zoom in on details that would pass the casual viewer by. From there the fans would try to make connections, to unravel the mysteries, to find deeper meaning. Things were left uncertain enough that people could believe what they wanted. Whether a theory was “true” was less important than the fact that someone believed in it. Sound familiar?

I’m not calling HBO a purveyor of fake news, and neither am I suggesting that Westworld has been captured by the alt-right like Pepe the Frog. But the drama has certainly tapped into an audience of young people who love video games and cracking codes, and understands both technology and identity politics."

Facebook, LinkedIn and Twitter prevail in database patent appeal; Reuters, 9/12/16

Reuters; Facebook, LinkedIn and Twitter prevail in database patent appeal:

"A federal appeals court on Friday knocked out all of the parts of two database search patents that were challenged at the U.S. Patent and Trademark Office by social media sites Facebook, LinkedIn and Twitter."

Britain’s Paper Tigers; New York Times, 8/10/16

Stig Abell, New York Times; Britain’s Paper Tigers:

"The Sun can still call an election correctly, can still elicit outrage and comment. The Mirror, The Sun and The Mail hope to turn their vast online audiences into a profitable business model.

And there is a gradual resurgence of a willingness to pay for quality. The Times and The Sunday Times, paywalled and protected, have become profitable perhaps for the first time in history. Paywalls — once seen as an embodiment of Luddism in the giddy world of the free internet — now seem essential to the survival of professional writing.

Yet there has never been a more hostile environment to journalism than exists today, and not only in economic terms. The democratizing effect of social media, a potentially healthful development, has also given rise to a cynicism directed toward the mainstream media. This is all part of a new angriness in politics."

The Blog That Disappeared; New York Times, 7/29/16

Roxane Gay, New York Times; The Blog That Disappeared:

"On June 27, Mr. Cooper’s Google account was deactivated, he has said. He lost 14 years of his blog archives, creative work, email and contacts. He has hired a lawyer and made complaints, and many of his readers and fans have tried to support his efforts. There is a petition circulating, urging Google to restore his work. Pen America, an organization that promotes free expression, has weighed in, saying that Mr. Cooper deserves a substantive response from Google.

Thus far, these efforts have been in vain. Google has not responded beyond saying there was a violation of the Terms of Service agreement. It has neither identified the specific violation nor indicated why it also deleted Mr. Cooper’s email account. It has not provided Mr. Cooper with the ability to download his personal information so he might rebuild his blog and email account elsewhere. In one interview, Mr. Cooper said he thought that the male escort ads might have led to his account’s being deactivated, but this has not been confirmed by the company.

When I contacted Google for further comment, I got a response that said, “We are aware of this matter, but the specific Terms of Service violations are ones we cannot discuss further due to legal considerations.” I asked about why Mr. Cooper’s Gmail account was also deleted and whether or not he would be able to retrieve the archive of his work, and I was directed to Google’s Terms of Service, Gmail Policy and Blogger Content Policy, which did not offer any useful specifics."

Photo Copyright: Oscar Wilde, Richard Prince, and Your Instagram Content; Huffington Post, 3/15/16

Kim Farbota, Huffington Post; Photo Copyright: Oscar Wilde, Richard Prince, and Your Instagram Content:

"Richard Prince, an "appropriation artist" well-known in creative spheres, is showing blown-up screen shots from his Instagram feed in renowned Manhattan galleries. The contemporary counterparts of Wilde's Gilded Age fan base buy the inkjet-on-canvas prints for upwards of $100,000. The original snappers hear through the proverbial grapevine that their filtered selfies are featured in high-end art shows.

Copyright law has evolved markedly in the century separating Richard Prince from Napoleon Sarony. On the shoulders of Andy Warhol and Jeff Koons, Prince has made a decades-long career selling slightly altered versions of other people's images. He evades copyright infringement liability through legal principles that allow certain "transformative works" to make use of copyright-protected materials without the owner's consent. Broadly, a transformative "fair use" alters or recontextualizes the original work for the purpose of commentary, criticism, or parody. All of the pieces in the Instagram-based New Portraits series include Prince's own original "comment" within the captured frame, submitted via his Instagram handle, "richardprince1234". He also enlarges the images and moves them from digital to print media. The original photos, which cover most of the space on the printed canvases, remain otherwise untouched.

Donald Graham, a career photographer whose portrait of a Rastafarian man was involuntarily featured in New Portraits, is not impressed. In a complaint filed in federal court this January, Graham calls Prince's work a "blatant disregard of copyright law". Graham's suit challenges whether Prince's transformations are sufficient to trigger "fair use" protection...

At the intersection of copyright and social media, balancing the benefits of exposure with the risks of theft and appropriation is an evolving challenge."

When a Public Family Is Publicly Attacked; New York Times, 2/5/16

KJ Dell'Antonia, New York Times; When a Public Family Is Publicly Attacked:

"While Ms. Howerton and her supporters report Twitter accounts for abuse, she is also asking YouTube to take down the video commentary that makes use of her video and other family images. She has filed a privacy complaint, which YouTube rejected, and is waiting for it to respond to her new complaint, alleging copyright violation. Neil Richards, a law professor at Washington University and author of “Intellectual Privacy: Rethinking Civil Liberties in the Digital Age,” said he thinks Ms. Howerton’s belief that she can regain control of the footage may be overly optimistic.

“The use of home video and family images for political debate is something that has real consequences,” he said. “She has made her life choices, her experiences, her children’ experiences, a matter for public debate. When people do this they do expose themselves to criticism and attacks and some of them are quite unpleasant.”

Eric Goldman, a professor of law and director of the High Tech Law Institute at Santa Clara University School of Law, agreed that because Ms. Howerton herself used family video as part of a political discussion, she may have little legal recourse when that video is used as part of a larger video engaged in social commentary on the same topic. In many situations, videos or pictures posted online can become “fair game” for critics to use in online attacks against the poster’s position or for other undesirable political or social statements, Mr. Goldman said in an email."

Why Facebook Is Monitoring Your Private Videos; Huffington Post, 11/18/15

Huffington Post; Why Facebook Is Monitoring Your Private Videos:

"Parker Higgins, an activist with the Electronic Frontier Foundation, explains how Facebook's hunt for copyrighted material is playing out in users' private posts."

No, You Don’t Need to Post a Facebook Copyright Status; New York Times, 9/28/15

Daniel Victor, New York Times; No, You Don’t Need to Post a Facebook Copyright Status:

"In short: Your legal rights are determined not by any status you post, but by the social network’s Terms of Service, which all users agreed to upon creating an account. Information about how Facebook uses your information is available there and in the network’s data policy.

If you are concerned about privacy, you can adjust your settings by tapping on “More” and “Privacy Shortcuts” in the mobile apps, or, on a desktop, clicking on the lock near the far right of the blue bar at the top of the screen."

At Comic-Con, Bring Out Your Fantasy and Fuel the Culture; New York Times, 7/15/15

A.O. Scott, New York Times; At Comic-Con, Bring Out Your Fantasy and Fuel the Culture:

"The deeper mythology of Comic-Con is that fans and creators are joined in communion, sharing in the holy work of imagination. The logic of popular culture today suggests that every fan is also an artist. This is literally true in the blossoming fields of fan art and fan fiction, in which devotees of intellectual properties (the ubiquitous San Diego shorthand for books, comics, movies and shows) make their own images and stories involving their favorite characters. Cosplay is a live-action form of fan art, or maybe fan nonfiction, and the owners of the intellectual property rights are careful not to interfere too much.

The organizers of Comic-Con, meanwhile, provide encouragement for fans who dream of professionalizing their passions. A smattering of panels offered advice on how to pitch an idea, how to market a product, how to make a living in a crowded marketplace. Social media and digital technology encourage the fantasy that everyone can make stuff and put it out there for everyone else.

Or maybe it isn’t a fantasy. The world of popular culture only gets bigger, and as it does it grows more diverse, more inclusive and more confounding."

Haitian Photographer Wins Major U.S. Copyright Victory; New York Times, 11/23/13

James Estrin, New York Times; Haitian Photographer Wins Major U.S. Copyright Victory: "Photographers have struggled financially over the last decade as millions of images have been taken and published on the Web without proper attribution or compensation. And when photographers try to pursue copyright violators, it is often difficult and expensive. On Friday, the Haitian photographer Daniel Morel won a major copyright victory after a four-year fight over images he had originally sent out via social media. A Manhattan jury found that Agence France-Presse and its American distributor Getty Images willfully infringed upon Mr. Morel’s copyright of eight pictures he took of the 2010 Haiti earthquake and awarded him $1.22 million."