Costco Connection - April 2013

The copyright quandary

What are the rules when posting to social media?

24 ;e Costco Connection APRIL 2013

By Eric Taub

PROFESSIONAL PHOTOGRAPHER Kirsten Kowalski became enamored of Pinterest, the “online pinboard” that encourages its members to “organize and share things you love.” Happy to let others know what moves her, Kowalski created an “inspiration board,” a gathering of photos from around the Web that lifted her spirits and, she hoped, would do the same for others.

But then Kowalski, an Alpharetta, Georgia, Costco member, read the site’s terms and conditions and promptly deleted all her entries. She realized she was running afoul of copyright restrictions.

Kowalski is just one of millions using social media. This rapidly changing arena presents a variety of new challenges in regard to copyright law.

The information here, provided by Costco member Cheryl Hodgson, a Santa Monica, California–based trademark and copyright attorney, Pinterest spokeswoman Erica Billups, YouTube spokeswoman Abbi Tatton and Gayle Osterberg of the U.S. Copyright Office, may help clear up some confusion and keep social media participants from becoming enmeshed in legal action.

The rules allowing use of
others’ works are the
same whether you’re
writing a blog, creating a
movie or posting that type
of material on a website.
The social media conundrum

Typically, individuals are forbidden from publishing or posting online the creative works of others without their permission.

That puts sites such as Pinterest, Facebook and You Tube in an awkward position; they must abide by the law, but they want to encourage users to come and experience interesting content that others have posted. These sites are awash with photographs, clips from films or TV shows, music and/or written works—much of which has been posted by people who don’t own the rights to do so.

Oftentimes, the copyright holders look away, however, pleased that they’re able to get free publicity for their work. That’s why you can find not just the official TV clip of Susan Boyle’s singing debut on You Tube, but scores of other versions as well, posted by individuals. Old toothpaste and car commercials don’t get pulled by the companies that made them because, in the end, it’s good for business.

What are the rules?

Still, that doesn’t absolve users of social websites from following the copyright laws. The rules allowing use of others’ works are the same whether you’re writing a blog, creating a movie or posting that type of material on a website.

Using The Costco Connection The Costco Connection appreciates that so many readers feel our material is worthy of passing along to others. And while we have no problem (in most circumstances) with people using content owned by Costco, with proper attribution or a link to our Online Edition, please be aware that Costco does not own the rights to everything on our pages. The rights to photographs, advertisements and non-staff-written material may be owned by their creators. To be safe, contact The Costco Connection for clearance, by emailing connection@costco.com. Costco is not liable for any legal action resulting from improper use.