Whose story is this?

Few social media editors and fewer editors/journalists who Tweet, post third-party content on Facebook, LinkedIn and other social media, realize that they may be infringing on the content owner's copyright. 


Syndication agreements usually are very clear on where the licensed content can appear and in what format. Let's say Newspaper XYZ licenses news and photos from Agency A -- we assume that the content provider is the owner of the IP and copyright of the content -- for use in its print and online versions. 


Among the terms regulating the relationship between Agency A and Newspaper XYZ there will be clauses that limit the licenses granted. Usually, it will read something like "Agency A grants to Newspaper XYZ a non-exclusive, non-transferable, non-sublicensable, limited right license to reproduce, use and distribute the content." Also, content, territory and platforms are specified in the agreement.  


So, if Agency A grants a license to Newspaper XYZ to reproduce/distribute its content on the printed edition of the paper and the online version (let's give it a hypothetical URL newspaperxyz.com), any other platform is implicitly not allowed. Without a specific clause that allows it, posting on social media should not happen. 


In some jurisdictions the doctrine of fair use may apply, and some content may be redistributed without a license. There too limits apply and usually attribution to the original source of the article is required.


So, when posting something on social media, please go back to your syndication manager and confirm that a) you are allowed to do it, b) you do it in a manner compliant with the license agreements, c) be fair: the story/article/photo you are recirculating was someone else's work that you obviously deem worth sharing with your audience. Give credit where it's due!


PS

This is not meant as legal advise. It's just something I felt sharing to raise the awareness of social media editors given the importance of social media in capturing audience. 

Any comments are most welcome.  


Christopher Isaiah Fun 范松毅

Brand Transformation Strategist | MarTech, Social-first Storytelling

9 年

"c) be fair: the story/article/photo you are recirculating was someone else's work that you obviously deem worth sharing with your audience. Give credit where it's due!"

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Lakshika Joshi

Legal Leadership and Global IP Head

9 年

Is it the lawyer in you?? Great post!

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