alien romances: What You Don't See (May Bind You)

Sunday, May 03, 2020

What You Don't See (May Bind You)

First there was the "fine print"; then there was the probably intentionally mind-numbing scroll of all caps print, page after page of it; then, there were sites such as EBay that forced you to join their club and agree to all their Terms (which of course meant that you held them harmless) before you could defend your copyrights; now --perhaps-- you have to agree to THE TERMS before you can read them.

Perhaps I misread this from Peloton to musicians:
"Click HERE to log into your MusicReports.com account and review the proposed license agreement. If it is acceptable to you, simply check the box to confirm you have read the agreement, then click the “I Agree” button to accept the terms. You can then download a full copy of the agreement from the “My Licenses” page in your account."

Credits to
https://thetrichordist.com/2020/04/16/is-musicreports-license-pitch-for-onepeloton-the-equivalent-of-a-poor-persons-class-action-settlement-without-court-supervision/

The tentacles of Mark Zuckerberg reach into your portfolio, and lift your copyrights, and there is nothing you can do about the filching of your photographic rights if you post a picture on Instagram.

"A New York federal district court has dismissed a photographer’s copyright infringement claims after finding that the photographer gave Instagram the right to sublicense her photograph to the accused infringer, Mashable, Inc. Mashable used the photograph at issue on its site by embedding a link to an Instagram post published on the photographer’s public Instagram profile. In Sinclair v. Ziff Davis, the court decided that, by including the photograph in a post on her public Instagram profile, the photographer had..."

... unintentionally given Instagram a legal license to "share" her intellectual property.

Legal bloggers David W. Holt and Ryan J. Letson, writing for the law firm Bradley Arant Boult Cummings LLP, discuss the unsuccessful copyright infringement complaint by the photographer, Stephanie Sinclair, against Mashable Inc.
https://www.bradley.com/insights/publications/2020/04/looking-for-likes-social-media-post-results-in-unintended-license-to-share-photograph

They offer great constructive advice, but the bottom line is "User Beware".

Legal bloggers Radhika K. Raman and Jeff Van Hoosear examines the perils of snagging someone else's photograph, even if the photo is of oneself.
https://www.knobbe.com/blog/its-photo-me-celebrities-face-legal-action-unauthorized-use-images-social-media

"Social media managers, celebrities, and individuals alike should exercise caution before posting photos online for which they do not own the copyright rights. Often, a simple source attribution, or a small licensing fee, can save months of legal trouble later. While many disagree with the public policy or reasoning prohibiting celebrities from re-sharing photos of themselves..."

OR, find the photo on Instagram, and embed the link.

Mark Sableman says as much about the same Sinclair/Mashable disagreement, in his legal blog for Thomson Coburn LLP, "It's not infringing if it's an authorized embedding."

https://www.thompsoncoburn.com/insights/blogs/in-focus/post/2020-04-17/it-s-not-infringing-if-it-s-an-authorized-embedding#page=1

Or
https://www.lexology.com/library/detail.aspx?g=139cc166-c3d8-49c8-add3-1a39725d7d2d

Facebook also, somehow, can snag Zoom users' information, even if the Zoom users don't have a Facebook account, or so it is alleged, and reported by legal bloggers for Troutman Sanders LLP Anne-Marie Dao, Wynter L. Deagle, and Yarazel Mejorado.

Allegations include:

"Zoom sending data from users of its iOS app to Facebook for advertising persons [sic], even if the user does not have a Facebook account; The Windows version of Zoom being vulnerable to attackers who could send malicious links to users’ chat interfaces and gain access to their network credentials; Zoom not requiring a user’s consent before allowing the host of the meeting to record the session; The presence of a security flaw that would enable hackers to take over a user’s Mac..."