Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

Thursday, March 26, 2015

Users of Social Media Sites and Their Liability for Copyright Infringement

Corinne Hui Yun Tan, Melbourne Law School, has published Technological 'Nudges' and Copyright on Social Media Sites at 1 Intellectual Property Quarterly 1 (2015). Here is the abstract.

Using an adapted taxonomy, this article identifies the technological features on predominant social media sites – Facebook, YouTube, Twitter and Wikipedia – that encourage and constrain users from engaging in generative activities. Notwithstanding the conflicting narrative painted by recent litigation around copyright in relation to content on social media sites, I observe that some of the main technological features on social media sites are designed around copyright considerations. References are made to the legal positions in the United States, the United Kingdom and Australia. I argue that users of social media sites are subject to the mixed signals given by social media sites, as a result of which they are unfairly exposed to the risks of allegations of copyright infringement. Given the ubiquitous usage of social media sites, the article questions the resulting vulnerability of users who act under the influence of social media sites, and hopes to stimulate further discussion in this area.

The full text is not available from SSRN.

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