Abstract
To review the copyright scope of the reuse for journalistic purposes of User-Generated Videos, usually found in social media, the starting point is the analysis of current practices in the news industry. Based on this analysis, we provide a set of recommendations for social media reuse under copyright law and social networks’ terms of use. Moreover, we describe how these recommendations have been used to guide the development of the InVID Rights Management module, focusing on EU copyright law given the context of the project and the involved partners.
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- 1.
The main European Union Directives include:
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Directive on the harmonisation of certain aspects of copyright and related rights in the information society (‘InfoSoc Directive’), 22 May 2001. Available at http://ec.europa.eu/internal_market/copyright/copyright-infso/index_en.htm.
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Directive on the enforcement of intellectual property rights (‘IPRED’), 29 April 2004. Available from http://ec.europa.eu/growth/industry/intellectual-property/enforcement/index_en.htm.
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Directive on the legal protection of databases (‘Database Directive’), 11 March 1996. Available from http://ec.europa.eu/internal_market/copyright/prot-databases/index_en.htm.
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Directive on the term of protection of copyright and certain related rights amending the previous 2006 Directive (‘Term Directive’), 27 September 2011. Available from: http://ec.europa.eu/internal_market/copyright/term-protection/index_en.htm.
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Directive on certain permitted uses of orphan works (‘Orphan Works Directive’), 25 October 2012. Available from http://ec.europa.eu/internal_market/copyright/orphan_works/index_en.htm.
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Including the following:
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The Berne Convention for the Protection of Literary and Artistic Works (1886).
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The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (1961).
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The Copyright Treaty, Geneva (1996), which was signed directly by the EU.
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- 3.
Art. 2 Berne Convention: (1) The expression ‘literary and artistic works’ shall include every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression, such as books, pamphlets and other writings; lectures, addresses, sermons and other works of the same nature; dramatic or dramatic-musical works; choreographic works and entertainments in dumb show; musical compositions with or without words; cinematographic works to which are assimilated works expressed by a process analogous to cinematography; works of drawing, painting, architecture, sculpture, engraving and lithography; photographic works to which are assimilated works expressed by a process analogous to photography; works of applied art; illustrations, maps, plans, sketches and three-dimensional works relative to geography, topography, architecture or science.
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Art. 3 Directive 2006/116/EC ‘(...) The term “film” shall designate a cinematographic or audiovisual work or moving images, whether or not accompanied by sound’.
- 5.
Moral rights are not harmonised at the EU level but have a minimum common definition under art. 6bis of WIPO Rome Treaty:
‘(1) Independently of the author’s economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honour or reputation.
(2) The rights granted to the author in accordance with the preceding paragraph shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorised by the legislation of the country where protection is claimed. However, those countries whose legislation, at the moment of their ratification of or accession to this Act, does not provide for the protection after the death of the author of all the rights set out in the preceding paragraph may provide that some of these rights may, after his death, cease to be maintained.
(3) The means of redress for safeguarding the rights granted by this Article shall be governed by the legislation of the country where protection is claimed.’
- 6.
Art. 1 Directive 2006/116/EC: “1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public”.
- 7.
Art. 3 Directive 2006/116/EC: ‘The rights of producers of the first fixation of a film shall expire 50 years after the fixation is made. However, if the film is lawfully published or lawfully communicated to the public during this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier’.
- 8.
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society http://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32001L0029.
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Art. 9 Berne Convention: ‘(2) It shall be a matter for legislation in the countries of the Union to permit the reproduction of such works in certain special cases, provided that such reproduction does not conflict with a normal exploitation of the work and does not unreasonably prejudice the legitimate interests of the author. (3) Any sound or visual recording shall be considered as a reproduction for the purposes of this Convention’.
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See: Svensson case (C466/12); BestWater case (C-348/13); Sanoma case (C-160/15).
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https://www.youtube.com/watch?v=Khb8DaXVXRI (first video posted on YouTube on 22 March 2016).
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- 16.
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Further details about this technology are provided in Chap. 10.
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Further details about this technology are provided in Chap. 11.
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Further details about this technology are provided in Chap. 9.
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Amnesty International Citizen Evidence Lab, https://citizenevidence.org/2014/04/10/how-to-downloading-and-preserving-videos/.
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Storyful Content Agreement, http://www.storyful.com/clearance.
- 26.
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society. http://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32001L0029.
- 27.
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Acknowledgements
We would like to thank Ramon Arnó for his guidance and support while addressing the privacy issues we have encountered along the development of the InVID project, ranging from project data management to GDPR compliance.
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García, R. et al. (2019). Copyright Management of User-Generated Video for Journalistic Reuse. In: Mezaris, V., Nixon, L., Papadopoulos, S., Teyssou, D. (eds) Video Verification in the Fake News Era. Springer, Cham. https://doi.org/10.1007/978-3-030-26752-0_8
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