Usability and SEO Blog

Law in Social Media (2 / 3). Copyright, privacy.

21st December 2009 - 15:39

Copyright and privacy are also in Social Media.

• The copyright protects the ideal and material interests of the author on his mind works.
• The privacy protects against interference in the life and liberty area.

• A protectable, intellectual creation is subject to copyright creation of a certain height.

With the use of other works, it always requires the consent of the copyright holder.

For example, in broadcast recordings on You Tube, upload images (zBFlickr) or re-tweets.

All publications in social networks such as Facebook and Studi VZ etc. are rights. Their practical enforceability is often more problematic. Dr. Hajo Rauschhofer also shares his experience in the Internet World Business (25/09 again).

The subject of copyright infringement can be:

• Texts
• Images
• Music
• Videos

Can I copy Tweets?
Yes. Twitter flash copy, ie the use of tweet content and re-tweets, apparently does not consent. For it is assumed that no protectable, intellectual creation is given in view of the character limit (140).

Video images / footage broadcast on Youtube
The fact that appear on You Tube footage broadcast on television to say, not that it "legally" happen.

Personal rights issues in images or videos.
Anyone can copy pictures and upload example in its network. This happens in part by the users themselves are at Twitter it "just" the links with pictures and video.

Consents "is actually" always required.
For private individuals, this is certainly easier than for models or actors, the per publication or buyouts get.

What to consider when using photos?
For images, copyright-related right personal rights and claims are to be observed. A photo is subject to the intellectual property right pursuant to § 72 Copyright Act (UrhG) .
Although this level have no creation as a copyright work.

Any use, reproduction or retransmission must not be made without permission from the copyright holder.

Rights holders can be:

First author or photographer =
2nd where appropriate, the holder of exploitation rights (Agency)

Persons consent:

Are people shown is the agreement of the publication + in minors, the consent by a parent or guardian, erfoderlich.

For professionals (actors, models) are commercial aspects of the compensation to be considered. Should thus uses are listed (Internet Print advertising, etc.).

No consent required:

If people in the picture is not visible, or if it is only an " accessory "is.

Personality, opinions and assertions

• Institutions and individuals can defend themselves against criticism or even ehrenverletzende utterances.

Negative comments = verifiable assertion of fact or opinion?
Is there a critical commentary on the network to a company, will have to be clarified firstly whether it is an opinion or "fact" is.

First thoughts renderings begin usually with a "I think ..." and are subject to freedom of expression.

• Contrast, little can be done.

2nd untrue statements of fact may, however, entrepreneurs, however, resist one.

• The one who has something to prove this claim, or is the stock of criminal defamation in space according to § 186 StGB .

3rd Claims to affect the creditworthiness

• injunctive relief in addition they can also actually damages claims under § 824 BGB entail.

4th not yet been resolved is how a person can defend themselves against foreign publications themselves.

The liability of a forum, and the recall of its own content will be among the themes of the last, still following, third part.

These articles might well be:

• Social Media Services presented to-Facebook, Flickr, Twitter, YouTube, corporate blogs, Xing. (3 / 10)
• Law in Social Media (third). Information requirements, competition, advertising in social media, Twitter on the example.
• Social media guidelines. Policy more than an online etiquette. (6 / 10)

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