[x-pubpol] US Court decision clarifies who owns photos on Twitter

[Joly MacFie]

“It’s my moment, not yours”…

http://www.lexology.com/library/detail.aspx?g=99b227f9-b432-43a1-8c73-ba15083c52d7

AFP sought to claim that as a result of Twitter’s expansive Terms of
Service, they were in effect third party beneficiaries of Twitter’s
license over Morel’s photos.  Nathan J used this opportunity to
elucidate who owns what when it comes to uploaded photos.
Essentially, within the realm, and only within the realm of Twitter,
photos can be re tweeted and posted without reference to copyright
laws.  Third parties, however, cannot then use these photos for their
own commercial benefit under the same umbrella license.

Getty Images unsuccessfully tried to nestle itself into the exemption
established in the Digital Millennium Copyright Act 1998.  The Safe
Harbor defence limits liability for internet service providers which
meet a series of conditions.  Getty’s attempt failed on two accounts;
that they were a ‘passive internet provider’ and that they failed to
remove Morel’s images once becoming aware of the infringement.  Nathan
J held that Getty’s activities in the marketing, sale, distribution,
syndication and licensing of Morel’s images changed its status from
being a “passive provider” of a space in which infringing activities
happen to occur, to active participants in the process of copyright
infringement.

In terms of damages, Nathan J found that Morel will be able to claim a
single statutory damage award per image infringed (not damages for
each use of every image as he tried to achieve).

As Morel stated, “they [AFP, Getty and the Post] stole my moment”.
Nathan J’s judgement will serve as notice to news outlets like the AFP
and Getty Images that photographs, which are really just ‘moments’
captured in time, are not free for the taking simply because they are
publically viewable, but are still just as unique to the individual as
if they had never been published at all.

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Joly MacFie  218 565 9365 Skype:punkcast
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