Are social media platforms the new Library? YouTube, Instagram and TikTok are increasingly being used as sources of teaching and learning content. Textbooks come with barely a paragraph of terms and conditions about their use. The social media platforms, however, are accompanied by seemingly never-ending terms of service, community guidelines and privacy policies. Do you read this information, does anyone at your college? Do you understand the terms "takedown", "cease and desist"? Have you/your college ever received a "Getty letter"? This webinar will provide an introduction to the convoluted world of copyright and social media terms and conditions. Buckle up - it could be a bumpy ride! Presentation delivered by Alan Rae, Copyright Scotland, as part of the Virtual Bridge Session series. Follow along at https://twitter.com/Virtual_Bridge and see what's coming up next at https://bit.ly/VBsessions

1. Social Media,
Esports and
Copyright
Alan Rae. CDN Virtual Bridge Webinar – Friday 9 April 2021
(The maze gets mazier!!)

2. Social Media,
esports and
copyright
Old school
All rights reserved – no part of
this book may be reproduced
or transmitted in any form or
by any means electronic or
mechanical including
photocopying, recording or
any information storage and
retrieval system without
permission in writing from the
publisher

3. Social Media,
eSports and
Copyright
New school
We do not claim ownership of your content, but you grant us a
license to use it.
Nothing is changing about your rights in your content. We do not
claim ownership of your content that you post on or through the
Service and you are free to share your content with anyone else,
wherever you want. However, we need certain legal permissions
from you (known as a “license”) to provide the Service. When you
share, post, or upload content that is covered by intellectual
property rights (like photos or videos) on or in connection with our
Service, you hereby grant to us a non-exclusive, royalty-free,
transferable, sub-licensable, worldwide license to host, use,
distribute, modify, run, copy, publicly perform or display, translate,
and create derivative works of your content (consistent with your
privacy and application settings). This license will end when your
content is deleted from our systems. You can delete content
individually or all at once by deleting your account. To learn more
about how we use information, and how to control or delete your
content, review the Data Policy and visit the Instagram Help Center.

4. The major players

5. What content
are we talking
about?
Text
Video
Images
Music

6. Images
Photographs
Cartoons
Designs
Logos
Paintings

7. Your licence to Youtube
By providing Content to the Service, you grant
to YouTube a worldwide, non-exclusive, royalty-
free, transferable, sublicensable licence to use
that Content (including to reproduce, distribute,
modify, display and perform it) for the purpose
of operating, promoting, and improving the
Service.

8. I owe my soul to the company store
Worldwide
Non-exclusive
Royalty-free
Transferable
Sublicencable
Licence

9. You also grant each other user of the Service a
worldwide, non-exclusive, royalty-free licence to
access your Content through the Service, and to
use that Content (including to reproduce,
distribute, modify, display, and perform it) only as
enabled by a feature of the Service
YouTube’s licence to other users

10. Reinforcement
You or the owner of your User Content still own the copyright in User
Content sent to us, but by submitting User Content via the Services, you
hereby grant us an unconditional irrevocable, non-exclusive, royalty-free,
fully transferable, perpetual worldwide licence to use, modify, adapt,
reproduce, make derivative works of, publish and/or transmit, and/or
distribute and to authorise other users of the Services and other third-
parties to view, access, use, download, modify, adapt, reproduce, make
derivative works of, publish and/or transmit your User Content in any
format and on any platform, either now known or hereinafter invented.

11. And the
solution is?
Apply for permission/licence to use other people’s
content
Create your own content
Use content that you know, for definite, is –
Copyright free
Creative Commons Licenced
In the Public Domain (that doesn’t mean the
internet!)

12. What is the
public
domain?
70 years after the death of the
creator
Purposely declaring your work to be
in the PD, using a CC licence
”stuff” that isn’t ever copyright –
ideas, facts, government publications

13. Music for Social Media
Lickd
iMovie
Clips
Quik
Clipper
Vizmato
Magisto
Epidemic Sound
MobyGratis

14. Know the terms
https://buffer.com/library/background-music-video/
• Royalty free – pay a one-off fee – use
often
• Rights managed – pay once, pay for each
use
• Creative Commons – minimum is to give
acknowledgement
• Commercial/Non-commercial
• Non profit
• Student projects
• Independent film makers

15. Copyright exceptions
The UK Copyright Act of 1988 allows exceptions that may allow use of copyright
material in a variety of circumstances – libraries, visual impairment, private study etc
There are several helpful educational exceptions
BUT – these are for education only – and must be used within the confines of the
college’s intranet – exceptions are unlikely to be allowed for public-facing content – ie
on the College website and on social media
This is a subject for another day – if you would like to know more, please contact me

16. Jennifer Lopez sued for $150,000 by
photographer over Instagram photo of
herself
Why?
Because the photographer owned the copyright of the image
Ms Lopez assumed you could use the image, since it was of her
But she had no rights in the image
She could claim that her image rights had been infringed
But she gave implicit approval at the time the image was taken by
not telling the photographer not to take the image
Result? – settled out of court (as many cases are)
This is the only copyright free image I could find of Jennifer Lopez –
courtesy of Pixabay – every other image was licensed.

17. The dress design by a student at your College that
has now been mass-produced by a company in
China

18. What do you do?
This is where life becomes even more challenging
• Add a copyright statement, including the symbol, ©, on all content – with a date
and name
• Reverse search your images regularly, to see if they are being copied
• Use low resolution thumbnail images, to make them more difficult to copy
accurately
• Only post on the web and social media, images that you are prepared to lose
• Use your own social networks to ask your followers to look out for any
infringement
• If posting on your own website, make sure that your terms and conditions have
a clause about Intellectual Property – copyright, designs and trademarks
• Consider creating a trademark, registering it and post it as often as possible

19. Photo by Sean Do on Unsplash
The new
“Field of
Dreams”?

20. Esports and
Copyright –
what
content
does ©
affect?
Images Music
Graphics Coding

21. Esports – who owns the copyright?
The publishers – yes
The music composers – maybe
The games developers –
maybe
The graphic artists – maybe
The photographers – maybe
The players – highly unlikely
It’s all
about the
licences

22. Google v
Oracle
"The copyright case of a generation"
NB – this is a US case and American copyright law is different
from UK copyright law
BUT it’s still of interest
Had Oracle won, Google would have paid out $millions
What was it about? – Google freely admitting to copying
Oracle code for Java API to use in their Android OS
It's all about "fair use" - NB - this is the US term - we have "fair
"fair dealing"

23. The Future

24. Licence
s

25. Micro-
payments

26. Thanks very much for your company
Alan Rae
Copyright Adviser to Scottish FE
© Here
www.copyrightscotland.co.uk
alan@copyrightscotland.co.uk
07779632722