Imagine crafting the perfect Tweet, sure to bring viral glory, then finding you have come up short because someone else re-posted it without giving you an ounce of credit. This is a real problem Twitter users are facing, and those wronged are filing complaints to Twitter to rectify the issue. So, is copying a tweet really an infringement?
Twitter did not waste any time in taking action to resolve this issue. The popular social networking service website began deleting posts on grounds of potential copyright infringement. Twitter is seeking out and deleting the posts of users who copy others’ jokes and post them as their own.
According to at least one news report, after Olga Lexell, a Los Angeles-based freelance writer, noticed that her jokes posted on Twitter were re-posted by other Twitter users without her permission, she reported the copying as infringement. In response, Twitter started to delete tweets that copy the same joke someone else has already shared.
Olga Lexell, the writer who complained to Twitter to have the tweets removed, posted that the majority of accounts that repost her tweets without crediting her were “spam accounts that repost tons of other people’s jokes every day.”
Lexell was quoted by The Verge as saying, “I simply explained to Twitter that as a freelance writer I make my living writing jokes (and I use some of my tweets to test out jokes in my other writing). I then explained that as such, the jokes are my intellectual property, and that the users in question did not have my permission to repost them without giving me credit.”
The Verge reports that at least five separate tweets have been deleted by Twitter for copying a joke posted by Olga Lexell, who goes by username @runolgarun.
Twitter’s guidelines address how to file complaints: ”Twitter will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as a profile photo, header photo, or background, allegations concerning the unauthorized use of a copyrighted video or image uploaded through our media hosting services, or Tweets containing links to allegedly infringing materials.”
Are 140 Characters Entitled to Copyright Protection?
Usually, something as short as a tweet is just too short to be protected. For example, song titles and slogans are generally not copyrightable. However, as with everything, it depends. In these Twitter cases, the issue appears to be not just a single, 140-character tweet, but rather multiple tweets.
Also, there is a question of recognizability. The more recognizable and original language is, the higher protection it will be given. Jokes that have been restated in other ways are likely not going to have the same protection as others.
So far we have not seen any court cases raised on claims of Tweet infringement. But there is a first time for everything. My guess is that if anyone takes this sort of issue to court, it will not be over one single Tweet but rather over a stream of Tweets, which would be more protectable. Or, it will be an instance where someone has written a book of jokes and claimed protection on the entire book, and is suing someone for tweeting those jokes.
Therefore, as to the question: Is copying a tweet really copyright infringement? The answer is: probably not. Especially when it is only one tweet. However, in any case, as with everything, it pays to be cautious — and to make sure your own content is original. Just because you think a court will rule in your favor does not mean that you will never be sued.
Copyright Laws
Copyright protection usually last for 70 years. It can be used to protect original works and authorship fixed in any tangible medium of expression. Pursuant to 17 U.S.C. §102 of the Copyrights Act, works of authorship include:
- Literary works
- Musical works, including any accompanying words
- Dramatic works, including any accompanying music
- Pantomimes and choreographic works
- Pictorial, graphic, and sculptural works
- Motion pictures and other audiovisual works
- Sound recordings
- Architectural works
Under current law, copyright protection applies to work whether or not the copyright owner registers the work with the U.S. Copyright Office. However, before filing an infringement lawsuit, registration is required.
As social media becomes more pervasive in our everyday lives, copyright infringement becomes a more pressing issue for more people. Social media can be a great way to share your work with millions of people around the world, however this also increases your chances of copyright infringement. If you have been a victim of — or accused of — copyright infringement, contact the Law Offices of Cynthia Conlin, P.A. to speak to an experienced attorney.
This sounds like a real minefield, especially since the whole point of Twitter is that you repost Tweets. Where do you draw the line between someone who simply wants to share your humour and someone who is exploiting it? Usually people want their Tweets to be reposted because it means that people are reading them. This sounds like quite a tricky legal precedent.