Copyright infringement and social media

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Copyright infringement and social media involves the use of social media platforms to distribute copyrighted material illegally, thus copyright infringement.

Contents

Background

Content posted to social media platforms located in the United States is regulated by the Digital Millennium Copyright Act, a foundational federal statute absolving social media companies from liability for content posted on their platforms if they make a reasonable effort to remove violative content. Additionally, social media companies are protected by Section 230 of the Communications Decency Act; Section 230 does not provide legal protection for copyrighted content. [1]

History

Under Elon Musk, several recent films have been illegally rerecorded and posted to Twitter, including Avatar: The Way of Water (2022), The Super Mario Bros. Movie (2023), [2] Shrek the Third (2007), [3] The Flash (2023), [4] and Top Gun: Maverick (2022). [1]

Film and television industry

Social media platforms have been used as vectors to host film and television episodes. A report from Business Insider released in 2018 found multiple groups, some with upwards of tens of thousands of members, hosting copies of films directly onto Facebook, including The Greatest Showman (2017), Transformers: The Last Knight (2017), and cam copies of Ant-Man and the Wasp (2018). Facebook told Business Insider that it would not take down the groups, stating that the responsibility of taking down the content is the responsibility of the rights holder. [5]

Segments from films and television episodes have been repackaged on TikTok, resulting in a renaissance for older television series and films such as Temple Grandin (2010), The Good Doctor , and Malcolm in the Middle . The phenomenon has also benefited newer films and television series; a single clip from Fall (2022) attracted over one hundred million views on TikTok, while a leak of HBO's revival of Clone High received significant attention on the platform. [6] TikTok users organically promoted the reality hoax sitcom Jury Duty that received limited attention. [7]

Distributors have utilized social media to promote their own television series, such as Peacock's Killing It and Bupkis . [8] In 2021, HBO Max released free episodes of several television series on the service on Snapchat, including the Gossip Girl reboot, The Flight Attendant , Lovecraft Country , and Game of Thrones . [9] Apple TV+ released the first episode of Silo onto Twitter after the service allowed longer videos; Twitter chief executive Elon Musk praised the decision. [10] Paramount Pictures uploaded the entirety of Mean Girls (2004) onto TikTok in October 2023. [11]

For the 2023 New Zealand general election, the Green Party used footage from Barbie (2023) to criticize the National and Labour parties. The Green Party confirmed that they did not have copyright permission from Warner Bros. The Green Party later removed these videos due to copyright violations. They have not commented on whether this decision was made due to request by Warner Bros. [12]

Sludge content

The use of copyrighted material on TikTok has resulted in a form of media known as "sludge content". Sludge content features attention-grabbing content, notably from the endless runner mobile game Subway Surfers (2012), alongside copyrighted material, predominantly from the adult animated television series Family Guy and South Park . [13] [14] [15] The concept of sludge content originates with methods used to subvert copyright detection tools, particularly on Family Guy compilations on YouTube. [16] [17] [18] Editing techniques such as frequent jump cuts, unrelated clips, and cropping have increased the longevity of copyright violating videos on YouTube. TikTok users have additionally used the format to splice TikTok videos made by other users. [19]

Accounts from content creators including British power metal band DragonForce, political commentator Hasan Piker, and Andrew Tate have posted videos on TikTok featuring sludge content. [19] [20] Psychologist Natalie Coyle analyzed the videos and determined that the external media increases receptiveness through the concept of "visual tactility". [16] SYBO Games, the developers of Subway Surfers, referenced sludge content on the TikTok account for the game and attributed Subway Surfers' resurgence to sludge content. [16] Digital media researcher Bjørn Nansen opined that the phenomenon was not unexpected given the prevalence of multitasking. [19] Companies, including Visible, Pepsi, and Tums, have used sludge content in advertisements. [20] The New Zealand National Party used sludge content to promote their policies in the 2023 general election. [12]

Music industry

The Russian social media platform VK has been noted for being a "notorious marketplace" for music piracy since 2010, according to the Office of the United States Trade Representative. The Recording Industry Association of America and International Federation of the Phonographic Industry chief executive Frances Moore have spoken out against music piracy on VK. In December 2013, VK founder Pavel Durov stated that he would abide by takedown requests. Sony Music Russia, Universal Music Russia, and Warner Music UK filed separate lawsuits against VK in Saint Petersburg and Leningrasky Region Arbitration Court in April 2014 seeking US$1.4 million in damages. [21]

Former U.S. president Donald Trump's use of copyrighted music in his presidential campaigns has resulted in multiple lawsuits. In 2020, Eddy Grant sued Trump for using "Electric Avenue" in a campaign video. [22] During the 2014 New Zealand general election, the National Party illegally used Eminem's "Lose Yourself". The party was ordered to pay NZ$225,000 in 2018. [12]

User content

United States District Court for the Southern District of New York judge Alison Nathan ruled in January 2013 that Agence France-Presse (AFP) and The Washington Post infringed on freelance photojournalist Daniel Morel's copyright by reuploading an image Morel had posted to Twitter of the 2010 Haiti earthquake. In Agence France Presse v. Morel (2010), AFP argued that Twitter's terms of service allowed the agency to reuse the photo and upload it to Getty Images, where The Washington Post used four of Morel's photographs. [23] The press outlets would have been able to use the photographs if it was embedded within their articles. [24]

Preventive measures

In April 2016, Facebook released Rights Manager, a tool allowing rights holders to identify copyrighted content. [25] Rights Manager was expanded in April 2017 to automatically block content, monitor video metrics, and receive a portion of the video's revenue if it has advertisements attached to it. [26] The company acquired the video detection company Source3 in July 2017. [27]

Analysis

Cornell University behavioral scientist Gordon Pennycook stated that the choice to watch media on TikTok mirrored consumer habits of "constant stimulation". [6]

Related Research Articles

<span class="mw-page-title-main">Digital media</span> Any media that are encoded in machine-readable formats

In mass communication, digital media is any communication media that operates in conjunction with various encoded machine-readable data formats. Digital content can be created, viewed, distributed, modified, listened to, and preserved on a digital electronic device, including digital data storage media and digital broadcasting. Digital is defined as any data represented by a series of digits, and media refers to methods of broadcasting or communicating this information. Together, digital media refers to mediums of digitized information broadcast through a screen and/or a speaker. This also includes text, audio, video, and graphics that are transmitted over the internet for viewing or listening to on the internet.

<span class="mw-page-title-main">Content moderation</span> System to sort undesirable contributions

On websites that allow users to create content, content moderation is the process of detecting contributions that are irrelevant, obscene, illegal, harmful, or insulting, in contrast to useful or informative contributions, frequently for censorship or suppression of opposing viewpoints. The purpose of content moderation is to remove or apply a warning label to problematic content or allow users to block and filter content themselves.

<span class="mw-page-title-main">User-generated content</span> Online content created by users

User-generated content (UGC), alternatively known as user-created content (UCC), emerged from the rise of intelligent web services which allow everyday users to create of content, such as images, videos, audio, text, testimonials, and software and interact with other users. Online content aggregation platforms such as social media, discussion forums and wikis by their interactive and social nature, no longer produce multimedia content but provide tools to produce, collaborate, and share a variety of content, which can affect the attitudes and behaviors of the audience in various aspects. This transforms the role of consumers from passive spectators to active participants.

<span class="mw-page-title-main">VK (service)</span> Russian social media and social networking service

VK is a Russian online social media and social networking service based in Saint Petersburg. VK is available in multiple languages but it is predominantly used by Russian speakers. VK users can message each other publicly or privately, edit these messages, create groups, public pages, and events; share and tag images, audio, and video; and play browser-based games.

<span class="mw-page-title-main">Social media marketing</span> Promotion of products or services on social media

Social media marketing is the use of social media platforms and websites to promote a product or service. Although the terms e-marketing and digital marketing are still dominant in academia, social media marketing is becoming more popular for both practitioners and researchers.

<span class="mw-page-title-main">Section 230</span> US federal law on website liability

In the United States, Section 230 is a section of the Communications Act of 1934 that was enacted as part of the Communications Decency Act of 1996, which is Title V of the Telecommunications Act of 1996, and generally provides immunity for online computer services with respect to third-party content generated by its users. At its core, Section 230(c)(1) provides immunity from liability for providers and users of an "interactive computer service" who publish information provided by third-party users:

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

<span class="mw-page-title-main">Instagram</span> Social media platform owned by Meta Platforms

Instagram is an American photo and video sharing social networking service owned by Meta Platforms. It allows users to upload media that can be edited with filters, be organized by hashtags, and be associated with a location via geographical tagging. Posts can be shared publicly or with preapproved followers. Users can browse other users' content by tags and locations, view trending content, like photos, and follow other users to add their content to a personal feed. A Meta-operated image-centric social media platform, it is available on iOS, Android, Windows 10, and the web. Users can take photos and edit them using built-in filters and other tools, then share them on other social media platforms like Facebook. It supports 32 languages including English, Hindi, Spanish, French, Korean, and Japanese.

<span class="mw-page-title-main">Like button</span> Communication software feature used to express support

A like button, like option, or recommend button is a feature in communication software such as social networking services, Internet forums, news websites and blogs where the user can express that they like, enjoy or support certain content. Internet services that feature like buttons usually display the number of users who liked the content, and may show a full or partial list of them. This is a quantitative alternative to other methods of expressing reaction to content, like writing a reply text. Some websites also include a dislike button, so the user can either vote in favor, against or neutrally. Other websites include more complex web content voting systems; for example, five stars or reaction buttons to show a wider range of emotion to the content.

<span class="mw-page-title-main">Vine (service)</span> Defunct American social network for short videos

Vine was an American short-form video hosting service where users could share up to 6-second-long looping video clips. Founded in June 2012 by Rus Yusupov, Dom Hofmann and Colin Kroll, the company was bought by Twitter, Inc. four months later for $30 million. Vine launched with its iOS app on January 24, 2013, with Android and Windows versions following.

Viral phenomena or viral sensations are objects or patterns that are able to replicate themselves or convert other objects into copies of themselves when these objects are exposed to them. Analogous to the way in which viruses propagate, the term viral pertains to a video, image, or written content spreading to numerous online users within a short time period. This concept has become a common way to describe how thoughts, information, and trends move into and through a human population.

<span class="mw-page-title-main">ByteDance</span> Chinese internet technology company

ByteDance Ltd. is a Chinese internet technology company headquartered in Haidian, Beijing and incorporated in the Cayman Islands.

<span class="mw-page-title-main">TikTok</span> Video-focused social media platform

TikTok, whose mainland Chinese and Hong Kong counterpart is Douyin, is a short-form video hosting service owned by Chinese internet company ByteDance. It hosts user-submitted videos, which can range in duration from three seconds to 60 minutes. It can be accessed with a smart phone app.

<span class="mw-page-title-main">NPC (meme)</span> An insult that implies a person lacks critical thinking

The NPC, derived from non-player character, is an Internet meme that represents people deemed to not think for themselves; those who lack introspection or intrapersonal communication; those whose identity is deemed entirely determined by their surroundings and the information they consume, with no conscious processing whatsoever being done by the person themselves. The meme gained further viral status on TikTok in 2022, with the surge of "NPC Streamers". The NPC meme, which graphically is based on the Wojak meme, was created in July 2016 by an anonymous author and first published on the imageboard 4chan, where the idea and inspiration behind the meme were introduced.

Social media was used extensively in the 2020 United States presidential election. Both incumbent president Donald Trump and Democratic Party nominee Joe Biden's campaigns employed digital-first advertising strategies, prioritizing digital advertising over print advertising in the wake of the pandemic. Trump had previously utilized his Twitter account to reach his voters and make announcements, both during and after the 2016 election. The Democratic Party nominee Joe Biden also made use of social media networks to express his views and opinions on important events such as the Trump administration's response to the COVID-19 pandemic, the protests following the murder of George Floyd, and the controversial appointment of Amy Coney Barrett to the Supreme Court.

<span class="mw-page-title-main">Story (social media)</span> Function in social networking and instant messaging services

In social media, a story is a function in which the user tells a narrative or provides status messages and information in the form of short, time-limited clips in an automatically running sequence.

Algorithmic radicalization is the concept that recommender algorithms on popular social media sites such as YouTube and Facebook drive users toward progressively more extreme content over time, leading to them developing radicalized extremist political views. Algorithms record user interactions, from likes/dislikes to amount of time spent on posts, to generate endless media aimed to keep users engaged. Through echo chamber channels, the consumer is driven to be more polarized through preferences in media and self-confirmation.

<span class="mw-page-title-main">YouTube Shorts</span> Sharing platform within YouTube since 2020-21

YouTube Shorts is the short-form section of the American online video-sharing platform YouTube. Shorts focuses on vertical videos that are less than 60 seconds of duration and various features for user interaction. As of May 2024, Shorts have collectively earned over 5 trillion views since the platform was made available to the general public on July 13, 2021, including views that pre-date the YouTube Shorts feature. Creators earn money based on the amount of views they receive, or through ad revenue. The increased popularity of YouTube Shorts has led to concerns about addiction for teenagers.

<span class="mw-page-title-main">Libs of TikTok</span> Far-right and anti-LGBT Twitter account

Libs of TikTok is a handle for various far-right and anti-LGBT social-media accounts operated by Chaya Raichik, a former real estate agent. Raichik uses the accounts to repost content created by left-wing and LGBT people on TikTok, and on other social-media platforms, often with hostile, mocking, or derogatory commentary. The accounts promote hate speech and transphobia, and spread false claims, especially relating to medical care of transgender children. The Twitter account, also known by the handle @LibsofTikTok, has over 3.5 million followers as of September 2024 and has become influential among American conservatives and the political right. Libs of TikTok's social-media accounts have received several temporary suspensions and a permanent suspension from TikTok.

Ronnald Merle McNutt was a 33-year-old American man and US Army Reserve veteran from New Albany, Mississippi, who committed suicide by shooting himself under his chin on a Facebook livestream, which went viral on various social media platforms due to its inherent shock value.

The online video platform TikTok has had worldwide a social, political, and cultural impact since its global launch in September 2017. The platform has rapidly grown its userbase since its launch and surpassed 2 billion downloads in October 2020. It became the world's most popular website, ahead of Google, for the year 2021.

References

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Further reading