With social media’s ever expanding presence, and the multitude of content publishing sites popping up, it can be quite daunting to think about just how far our photos and videos reach once the upload button has been clicked – but what is really happening to our content once it’s been published online?
Where the masses once worshipped deities such as Zeus, Odin, Jupiter and Ra – the gods of the new era are named YouTube, Twitter, Instagram and Facebook.
Posting, uploading and commenting have become a part of everyday life, as more and more people are sharing their lives with the masses through these sites.
The freedom, ease and accessibility in content sharing has become a godsend for budding artists by providing them with a platform to expose their work to the public. Similarly, the barriers of time and distance have been overcome and people are able to connect or reconnect with each other practically anywhere or at any time.
However, with this comes the issue of constant exposure.
Suddenly we live in a world where personal photos, once relegated to dwell within the dusty covers of a photo album, or videos that may only have been viewed by a small circle of family or friends, are exposed for all the world to see at the simple click of a button.
In turn it has created a bit of a stir amongst parts of society, with many becoming concerned at where content posted on these sites can end up – and what the sites can do with it.
The answer to this partly depends on copyright.
In brief, copyright is an exclusive right to do things like copying, reproduction, performance or communication of subject matter that qualifies for copyright protection. The right may be exercised by the owner or a licensee of the copyright.
The law of copyright in Australia is dealt with in the Copyright Act 1968 (Cth) (“the Act”).
The Act divides subject matter that can have copyright protection into two classes:
What comprises a “musical, literary, artistic or dramatic work” can be ambiguous, however, some examples include:
In order for something to have copyright protection as a “work” it must fall under one of these classes.
Australian law does not require registration of copyright. A work or other subject matter is automatically covered when it is created, with ownership of copyright generally vesting in the creator.
This means that the content most commonly posted to social media sites (photos, videos, text) are all subject to copyright. The question then is what happens to the copyright in these materials once they’re uploaded to these sites?
This is where you need to look at the “fine print”. All sites will have Terms and Conditions which affect the way content can be viewed. The Terms and Conditions of sites generally provide that you will retain copyright. However, by uploading content you will grant rights to use and deal with the content.
Users who upload content (i.e. videos) onto YouTube will retain their ownership of copyright over the content.
By uploading content onto the site, users agree to grant YouTube a non-exclusive, worldwide, royalty free, sub licensable and transferrable licence to:
the content in connection with all services provided on the YouTube site (such as YouTube channels and the embeddable player) as well as YouTube’s business, which includes using the content for promoting and redistributing part or all of the services provided by YouTube.
The uploading user will also grant other users of the website a non-exclusive licence to access the content through YouTube and to:
the content as permitted through the functionality of the services provided by YouTube.
The licences granted by the uploading user will terminate within a commercially reasonable time after they remove or delete the video from YouTube.
Users who upload content (i.e. photos, videos, text) onto Twitter will retain their ownership of copyright over the content.
By uploading content onto the site, users agree to grant Twitter a non-exclusive, worldwide, royalty free, sub licensable licence to:
the content in any and all distribution methods available to Twitter.
This licence extends to allow Twitter to make the content available to other companies, organisations or individuals who partner with Twitter for the syndication, broadcast or publication of content on other media and services (subject to the Twitter Terms and Conditions).
Twitter may also adapt your content in order to distribute, display or transmit your content. They may also make any changes to adapt to any requirements of any networks, devices, services or media.
The licence also allows Twitter to use the content to promote, provide and improve the services of the Twitter website.
The licence continues even after the uploading user has terminated their account.
Users who upload content (i.e. photos and videos) onto Instagram will retain their ownership of copyright over the content.
By uploading content onto the site users agree to grant Instagram a non-exclusive, worldwide, royalty free, sub licensable and transferable licence to use the content.
Users who upload content (i.e. photos, videos and text) onto Facebook will retain their ownership of copyright over the content.
By uploading content onto the site, users agree to grant Facebook a non-exclusive, worldwide, royalty free, sub licensable and transferable licence to use the content in accordance with the privacy settings set by the user.
In agreeing to the Terms of Service, users give Facebook permission to use the content in connection with commercial, sponsored or related content on Facebook. For example, users permit a business to pay Facebook to display their content to businesses without any compensation to the user.
The licence granted by the uploading user will terminate when the user deletes the content from their Facebook account. However, if the content has been shared by another user and has not been deleted by that user it will remain on Facebook.
While the ownership of copyright in content posted to all of the sites mentioned above is retained in the user, the terms of the licenses granted to each site, and what they can subsequently do with the content, differs.
If you feel that your copyright in anything you’ve posted online is being mismanaged or infringed, please give us a call.
This communication provides general information which is current as at the time of production. The information contained in this communication does not constitute advice and should not be relied upon as such. Professional advice should be sought prior to any action being taken in reliance on any of the information. Should you wish to discuss any matter raised in this report, or what it means for you, your business or your clients' businesses, please feel free to contact us.