mpellegrine – Social Media Legality

We’ve all been there. We search the web daily looking for that funny meme or that inspirational quote to share with our “friends.” Maybe we are taking a break at work, or distracted while studying in the library when we see it: the perfect picture to post on Instagram. Often we download this picture off of Google or Tumblr. We then upload it to Instagram after choosing the perfect filter and hashtag to capture the essence of the photo.

What we often fail to realize is that this is ILLEGAL. When we sign up for Instagram, the fine print, which no one bothers to read, contains language that asserts that YOU own the pictures you post, or at least have the creator’s permission to post it. This is usually never the case. Furthermore, most people believe that this copyright infringement or violation of intellectual property rights can be resolved by giving “credit” to the creator in a comment under the picture. While this is likely to cure any hostile feelings of the creator, you can still be sued.

One section of the Instagram “contract” states, “you agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on through the Instagram Services.” In essence, if you post without permission, you’re screwed. Instagram has taken careful steps to shield itself from liability. Instagram users should, likewise, protect themselves. We need to recognize our legal limitations when posting someone else’s work.

It is often said that each picture says a thousand words. In the case of Instagram, one of these potential words is “lawsuit”. Be cautious of what you post and where you get it from. Not only do we need to protect ourselves from suit, but we need to ensure we are respecting the works of others.

For more information, look to http://thesocialu101.com/6-things-everyone-should-know-about-instagram/.

There can be no doubt that social media has changed our society; changed the way we communicate, the way we obtain information, and, even now, the way we advocate. Social media has developed from a communication tool to a public forum that individuals use to judge one another.

In the recent weeks the National Football League (NFL) has been put under the lens of the social media microscope. First, Michael Sam, a highly decorated collegiate football player, declared that he was a homosexual male. Once drafted, this will mark the first time in the league’s history that a player who is openly homosexual will play the game. Although many athletes have declared their sexuality once they retired, no player had previous declared such sexuality while playing the game. Of course, Sam’s declaration was thrown into the social media fire. His courage, strength, and self-confidence was met with overwhelming support as athletes from various profession sports chimed in on the topic. Players from various NFL locker rooms took to Twitter and Facebook to support Sam and his journey to the NFL. In the eyes of the public, the NFL gained even more repute than it had previously.

Today, however, the NFL and some of its more notorious players have been summoned to the court of social justice located in the realm of social media. This morning, Ted Wells, an NFL investigator, released a 144 page report documenting instances of hazing, racial slurs, and other degrading behavior performed by Richie Incognito and other Miami Dolphin’s players. This controversy began in October 2013 when Incognito’s teammate Jonathan Martin quit profession football and was hospitalized for mental health. The NFL swiftly jumped in and hired Wells to conduct an investigation.

In reaction to this incident, many took to social media. Some individuals, including NFL players and analysts, believed that Martin was over reacting and should have confronted Incognito. Others rallied behind Martin and deemed Incognito a bully. But no matter what most people believed, expectations changed with the release of the 144 page report. On Espn’s NFL Insiders, airing 3pm Eastern Time, tweets were read indicating the shock of most at the findings. One individual, who was skeptic that Martin’s allegations had merit, admitted that their perspective had changed.

In the shadow of this controversy is Incognito’s tweet from Wednesday stating, “The truth is going to bury you and your entire ‘camp’”. Incognito took to twitter again today after the report had been released, “Pleeeeease Stop The Hate. Happy Valentines Day :)”.

In a controversy as notorious as this, involving a league as acclaimed as the NFL, all eyes are now fixed upon Roger Goodell and other NFL officials. In today’s society, social media has become the quintessential courtroom and all of us, the jury. We obtain information from social media and use it to make “informed decisions.” Then, we use it to either condemn or exonerate those in the spotlight. Social media, whether we like it or not, has become a mechanism for impacting societal justice. This trend will only grow in the future and attorneys should be ready for trial by Twitter.

For more information see ESPN’s web article entitled “Incognito, others tormented Martin”.

Author: mpellegrine

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