4 ms·

Honest question: Do you think Facebook's ToS grants him exclusive rights to anything Published or Broadcast to the General Public by way of their platform?

fenwick67 10y ago
There is this to the contrary: " When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture)"
- 6stringmerc 10y ago
  Thanks for posting that - I was genuinely curious and I'm fairly certain what you quote is legally supportable against the personal broadcast rights notion in this case. The "newsworthy" threshold in Fair Use almost isn't needed, but certainly seems to help. I don't have any expectation of Copyright Ownership on whatever I broadcast on Periscope...different rights might be entailed (e.g. endorsement, use of likeness) but that public visible thing is hard to reconcile in this instance...and I think that's totally okay.
AckSyn 10y ago
Yes. he's the creator and it's up to him as a matter of legality to decide where and how his creations are distributed. Much like what the NFL does. (regardless of how easy it is to pirate something) Everyone holds the copyright to their work immediately during and after its creation. There's no filing like you'd have to do with a Trademark. Putting in on a medium that's FCC regulated means he may have some recourse.
- rhizome 10y ago
  To be clear, you don't have to register copyrights in order to have a copyright in a creation, but you do have to register copyrights in order to sue for damages.
  - anigbrowl 10y ago
    Strictly speaking no, you can still sue for economic damages and win, but registering lets you get statutory damages which are punitive in nature, up to 3x the economic damages. Economic damages are limited to what you'd have been owed if they licensed it at prevailing rates.
    - rhizome 10y ago
      Sorry, yes. I had it backwards.

fenwick67 10y ago

There is this to the contrary: " When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Facebook, to access and use that information, and to associate it with you (i.e., your name and profile picture)"

6stringmerc 10y ago
Thanks for posting that - I was genuinely curious and I'm fairly certain what you quote is legally supportable against the personal broadcast rights notion in this case. The "newsworthy" threshold in Fair Use almost isn't needed, but certainly seems to help. I don't have any expectation of Copyright Ownership on whatever I broadcast on Periscope...different rights might be entailed (e.g. endorsement, use of likeness) but that public visible thing is hard to reconcile in this instance...and I think that's totally okay.

AckSyn 10y ago

Yes. he's the creator and it's up to him as a matter of legality to decide where and how his creations are distributed. Much like what the NFL does. (regardless of how easy it is to pirate something) Everyone holds the copyright to their work immediately during and after its creation. There's no filing like you'd have to do with a Trademark. Putting in on a medium that's FCC regulated means he may have some recourse.

rhizome 10y ago
To be clear, you don't have to register copyrights in order to have a copyright in a creation, but you do have to register copyrights in order to sue for damages.
- anigbrowl 10y ago
  Strictly speaking no, you can still sue for economic damages and win, but registering lets you get statutory damages which are punitive in nature, up to 3x the economic damages. Economic damages are limited to what you'd have been owed if they licensed it at prevailing rates.
  - rhizome 10y ago
    Sorry, yes. I had it backwards.