The Court of Consumer-Generated Content: Which Images Can We Use?

I engaged recently in an interesting discussion about the legal and ethical responsibilities of bloggers and authors of other kinds of social media content. This discussion, which focused on the appropriate use of images found on the World Wide Web, began with questions from graduate students in my COM610 Social Media Strategies and Tactics course, part of the M.A. in Integrated Marketing Communication in the School of Communication and the Arts at Marist College.

First, I tip my hat to the professionalism of our Marist graduate students. Without prompting from the faculty member, students in this course showed excellent insights and a strong sense of ethical and legal responsibility by raising this issue.

Second, this discussion is important and relevant to millions of people who blog, tweet pictures, post images on Facebook, design PowerPoint presentations, or otherwise present or represent copies of images and other intellectual knowledge that others have created.

I received this question from some of my graduate students, who have been assigned to blog this semester as part of a social media management assignment:

“When we are posting to our blog, many of us are using photos and even though they are being cited we technically do not have permission to use these photos. Some of us are afraid of breaking copyright laws but we also do not want to get penalized in class for not using photos. Can you shed some light on this for us?” (Personal Communication, February 27, 2013).

This is a great question. In fact, many of us violate copyright laws – knowingly or unknowingly – when we copy an image from the World Wide Web and share it. With a few simple mouse clicks we can “Copy image URL” (universal resource locator) or “Save image as” and post the link or image to our blog or other social media platform. Even though this simple process is easy, in most cases this practice is not legal. Consider the following facts related to U.S. Copyright Law and other federal regulations.

The TEACH Act (Technology, Education, and Artistic Harmonization) of 2002 allows teachers and students some latitude for displaying and discussing intellectual knowledge inside a classroom (e.g., showing a work of art like a painting, movie, or piece of literature). However, artistic works like photographs or images usually enjoy special protection under U.S. Copyright Law outside the classroom.

Yes, in an online course, the distinction between inside and outside a classroom can get fuzzy. However, inside a virtual classroom usually refers to access that is limited to students, faculty, and technicians that are enrolled in a course or involved with administration of the course.

But there are limits to what teachers and students can use; and don’t try to play the “Fair Use” trump card to share too much copyrighted material in a classroom. There is no rule to guide how much material you can use before you violate the law. According to the U.S. Copyright Office:

“Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See FL 102, Fair Use, and Circular 21, Reproductions of Copyrighted Works by Educators and Librarians.” (U.S. Copyright Office, para. 4)

We often think nothing of sharing, retweeting, tagging, or repinning, images and information that we receive from friends on social media sites. However, consider what the U.S. Copyright Office has to say about using files obtained from peer-to-peer networks:

“Since the files distributed over peer-to-peer networks are primarily copyrighted works, there is a risk of liability for downloading material from these networks. To avoid these risks, there are currently many "authorized" services on the Internet that allow consumers to purchase copyrighted works online, whether music, ebooks, or motion pictures. By purchasing works through authorized services, consumers can avoid the risks of infringement liability and can limit their exposure to other potential risks, e.g., viruses, unexpected material, or spyware.” (U.S. Copyright Office, para. 12) 

Now, we might normally think of music or movies when we consider files from peer-to-peer networks. However, think of a “pin” from Pinterest that we receive from a friend or repin from a Pinterest board of someone we follow. It’s a file. The file is from a network of images shared by peers; and it is probably protected. 

You don’t agree? Here’s what attorney Jonathan Pink had to say about this issue during an interview on National Public Radio:

“Pinterest is no different than any other user-generated site. Perhaps it's more image-oriented than most. But for the most part, it's not terribly different. And what the law says - the Copyright Act says, with respect to the using of images that belong to other people, is pretty basic. And that is that one may not reproduce or prepare a derivative work based on or distribute copies of photographs that one doesn't own, absent those works falling into certain exceptions, fair use being one of them, public domain being another. Or unless the - in this case, Pinterest pinner - has obtained permission from the copyright owner of those images.” (National Public Radio, 2012, para. 6)

It seems Pinterest agrees with Mr. Pink, too. Read the terms of agreement you signed for when establishing your Pinterest account. First, you have agreed to be “solely responsible for … the User Content you post to Pinterest” (Pinterest, 2. Your Content, para 1).

Second, “Pinterest has adopted and implemented the Pinterest Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy” (Pinterest, 3.  Copyright Policy, para 1).

Third, “TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINTEREST SHALL NOT BE LIABLE FOR … (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT). IN NO EVENT SHALL PINTEREST'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00)” (Pinterest, 9.  Limitation of Liability, para 1).

It doesn’t take a lawyer to understand what Pinterest is saying here. You pin and repin images at your own risk. If someone sues you for copyright infringement, don’t expect to “pin” responsibility on Pinterest or have it pay the damages.

Now, we could go on and on with this discussion and extend these examples to Facebook, Twitter, Flickr, blogs, etc. But in the interest of time, let’s look at what we can do on a blog or Pinterest in terms of posting or sharing images.

First, know your copyright law … and trademark law. Just because a piece of material isn’t labeled with the once ubiquitous copyright symbol (©) or trademark symbol (TM) (R) doesn’t mean it is not copyrighted. The requirement to attach © to copyrighted material was dropped by the United States when it joined the Berne Convention in 1988. Now, anything we author is considered to enjoy copyright protection as soon as we create it – with our without the © symbol.

Second, don’t assume you are authorized to use a trademarked image, just because you are working on an academic assignment or you belong to an organization that created the image. Take for example Marist College’s beloved “Shooter the Fox” mascot. Just because students and faculty are part of the “Red Fox Nation” of sports fans doesn’t entitle us to use the Fox logo without permission. Here is the official policy of the Marist College Athletics Department:

“Logo marks … were designed exclusively for the Marist Athletics Department and for those entities that have been given permission to use them…. The Marist Athletics Department does not allow these marks to be altered in any way and all logo applications must be supplied to the Marist College Associate Athletics Director for authorization and approval…. All logo marks are the property of Marist College and may be used with written permission only.” (Marist College Athletics Department, Marist Athletics Style Guide, n.d., paras. 3-4).

The same laws apply to the trademarked images and logos of major companies, with or without the trademark symbol and whether or not you are a member of that organization. Do not use these logos or symbols in your work without written permission.

Third, don’t stop using images in your social media products. Learn how to request permission from copyright owners to use an image. Refer to the U.S. Copyright Office’s Web page for information about finding and contacting copyright holders.

Or, find sources of free images that you can use legally.  You can start with Microsoft’s extensive online gallery of free clip art, photographs, and animations. Design Shack (2010) also offered the following ideas:

“Check out Stock XCHNG, a free stock photography website with tons of content (good and bad). Also, did you know you can run a Flickr Search using only creative commons licensed content? These photos are free to use and many only require attribution, which can come in the form of a simple slide thrown in at the end of your presentation with a link to the photo sources.” (para. 11)

See the Creative Commons Web site for information about the creative commons licensing system, referred to in the preceding paragraph, which allows for a range of protections and authorized use of content. 

To bring this post to a close and leave this topic open to further discussion, let me end with an observation. The laws governing how we protect and share content on the World Wide Web are subject to much debate and legal wrangling. And the ease with which new technologies enable us to copy, paste, and share images and other information from the Web has blurred the lines between what is legal and illegal.

Still, we need to sharpen our focus on these lines. And we need to err on the conservative side of declaring a line. Just think of the many lawsuits that rained down on college students a decade ago over claims by the Recording Industry Association of America (RIAA) that downloading music from peer-to-peer file sharing sites like Napster was illegal. I recall many students saying, “We’re safe. They can’t sue all of us.”

Well, RIAA didn’t have to sue everyone. A small sample of students did the trick. According to Internetlaw.com, the RIAA filed civil suits against four students at Princeton University, Michigan Technological University, and Rensselaer Polytechnic Institute.

"RIAA alleged that students made between 27,000 and a million songs available through their universities’ networks. The music industry also contended that statistics indicated that nearly 50 percent of the available computer resources at some universities were being used for unauthorized copying and distribution of copyrighted material. These cases were settled; defendants paid damages reported to range from $12,500 to $17,000." (Internetlaw.com, para. 2)

But playing it safe and staying legal doesn’t mean we cannot continue to communicate on social media through words, images, and sounds that are not of our own making. You should continue to create and innovate. Just stop before you communicate, learn or review the rules, and play by them.

Note: All images in this blog post came from Microsoft Office's gallery of free clip art, photos, and animations.

To Tell, or Not To Tell? A Question of Cybersecurity

I am currently teaching two fully-online graduate courses in Marist College's master's program in integrated marketing communication. One of the courses is COMI 610 Social Media Strategies and Tactics. This week, COMI 610 students and I have been reading about and discussing a variety of topics related to privacy and security in social media and other forms of Internet or computer-mediated communication. 

We have been having a fascinating exchange of information and ideas about this topic on Facebook, Twitter, Pinterest, and our own course Web site. Here is the latest issue in this interesting series of news and feature stories: the question of whether or not organizations (especially publicly-traded companies) have a legal, or at least moral, obligation to report cyberattacks (e.g., hacking) against them.

According to The New York Times, "Apart from a few companies like Google, which revealed that Chinese hackers had tried to read its users’ e-mail messages, American companies have been disturbingly silent about cyberattacks on their computer systems" ("An Eerie Silence on Cybersecurity," Editorial, February 26, 2013).

Apparently, there is a silent majority of organizations in this country and elsewhere that remain mum about the constant cyberattacks (hacking) against them. The rationale seems to be "fear that this disclosure will unnerve customers and shareholders and invite lawsuits and unwanted scrutiny from the government" ("An Eerie Silence on Cybersecurity," para. 1).

Protecting information about cyberattacks might be sensible if you are investigating the crimes and want to avoid tipping your hand to the bad guys that you might be on their trail. On the other hand, witholding information from shareholders could be a crime itself. In the United States, state and federal agencies mandate the reporting of breaches in personal information security.

For instance, the U.S. Securities and Exchange Commission has reminded organizations registered with the SEC of their obligations to provide the public with information about cybersecurity risks and cyberattacks:

The federal securities laws, in part, are designed to elicit disclosure of timely, comprehensive, and accurate information about risks and events that a reasonable investor would consider important to an investment decision. (Division of Corporate Finance, U.S. SEC, CF Disclosure Guidance: Topic No. 2, Cybersecurity, Oct. 18, 2011, para. 7). 

Furthermore, U.S. private and public institutions have over our nation's history assumed a social responsibility to provide audiences with accurate and timely information on matters of public interest. Ivy Ledbetter Lee, often called "the father of public relations" in the United States, stated at the turn of the 20th century his concept of public relations: 

In brief, our plan is frankly, and openly, on behalf of business concerns and public institutions, to supply the press and public of the United States prompt and accurate information concerning subjects which it is of value and interest to the public to know about. (Ivy Lee, Declaration of Principles, 1906, para. 5)

The U.S. Department of Defense, like many other federal agencies, also advocates a free flow of information, constrained only by the need to protect operational security and the safety of DoD personnel and their families. According to DoD principles of information, like the principles of Ivy Lee, the defense department has an obligation to

Ensure a free flow of news and information to the news media, the general public, the
internal audiences of the Department of Defense, and the other applicable forums, limited only by the security restraints. (DoD Directive 5122.05, 2008, Responsibilities and Functions, para. d.)

In fact, the U.S. Department of Defense strictly prohibits the witholding of information solely for purposes of avoiding embarrassment or criticism. The DoD information principles state clearly, "Information will be withheld only when disclosure would adversely affect national security, threaten the safety or privacy of the men and women of the Armed Forces, or if otherwise authorized by statute or regulation. (DoD Directive 5122.05, 2008, Enclosure 2, para. d.)

I support The New York Times' position that withholding public (versus legitimately classified) information about cyberattacks undermines the public trust in our nation's institutions and weakens our security. By disclosing information about cyber attacks, organizations can keep publics informed while also sharing valuable information with other organizations who might be under attack. Such information sharing and collaboration might actually strengthen security and prevent against future attacks. 

And in a profession that acknowledges "perceptions are reality," public relations officials for organizations should remind their executives that protecting the public trust is every bit as important as protecting against cyberattacks. Even if a company succeeds in fending off a cyberattack and withholding this information from its publics, in the end the organization will lose valuable trust if it tries to avoid embarrassment or criticism by creating a false perception of security. 

True security comes in the form of trust -- or perceptions that are based on reality. Trust is based in part on our confidence that an organization will do what it says it will do when a) it safeguards our interests and b) tells us when our interests are threatened. 

It's time for organizations to heed Ivy Ledbetter Lee's century-old advice and provide their publics with prompt and accurate information on matters that are of "value and interest" to us. Draw a sharp line between matters that are truly security threats and other matters that are simply risks of embarrassment or criticism. 

ADM Leighton W. Smith, Jr.

As one of my former military commanders once told me, with regard to military public information obligations to journalists and publics, "Tell them, and tell them now, unless it poses a risk to our operational security or the safety of my men and women." (U.S. Navy Admiral Leighton W. Smith, Jr., personal communication, December 1995, preparing to deploy to Bosnia-Herzegovina with NATO forces in Operation Joint Endeavour).

Speak to Your Apple Mac: Enable Dictation in OS X

I recently purchased an Apple iMac for my professional use at home. A dedicated PC user for my entire adult life, I finally tired of battling frequent viruses, blue screens, hardware and software glitches, and a once superb Dell Support program that is sadly in decline in terms of customer service. 

I am extremely pleased with my iMac so far, but as a novice Mac user I go through daily learning experiences trying to figure out the differences between my old PC and new Mac. It's been fun, though, discovering the seemingly endless array of tools, apps, widgets, and resources -- some that are hard to find.

Each Thursday is a special training day for me. My Thursday edition of The New York Times arrives with its weekly "Personal Tech" section. Reading today's "Gadget Wise" column, I learned about the Dictation tool that comes standard with Apple's OS X Mountain Lion operating system. Unfortunately, the factory-installed system comes with Dictation disabled. So, if you know that it even exists and where to find it you have to enable it. 

Follow these simple steps on your OS X Mac and you, too, can talk to your Mac: speak instead of type characters, numbers, words, sentences, paragraphs, and even entire pages of text into Word, Mail, Messages, search and text boxes on Web sites, etc. Your words magically appear, right where you want them!

1. Click the Apple icon  in the upper-right corner of the tool bar at the top of your screen.

2. Click System Preferences.

3. On the System Preferences display, click Dictation and Speech, under System (fourth row of icons).

4. Toggle from the Off to the On radio button next to Dictation.

NOTE: You can also select Edit on the toolbar of any application you have running and click Start Dictation. See the image below.

Now that you have enabled dictation you are ready to talk to your Mac. Simply place your cursor in the desired text box or page location on your screen and double-click the Function button (fn) on your keyboard. The dictation icon will appear and start to record sound. Speak into your Mac's microphone and, when finished, click the Done button on the Dictation icon.

I hope this helps. Have fun conversing with your Mac! For more help with Dictation, go to Apple's Support site for Mac Basics: Dictation.

Mark

P.S. I used Dictation on my Mac to insert the last three paragraphs of this post. Neat stuff!

30-Minute "Evergreen" Christmas Tree Project

30-Minute, 5-Foot "Evergreen"

Christmas Tree Project

In 30 minutes, you can create this five-foot tall artificial "evergreen" Christmas tree from materials that are readily available in many households. Here's how:

STEP 1. Select one regular-sized garden tomato cage that you retired for the winter. Turn the cage upside down and bind the sharp "bottom" tines with string, forming the top of the tree.

STEP 2. Take a strand of artificial garland and wrap the wire end around the circular base of the cage, where it intersects with a vertical support.








STEP 3. Wrap garland around the cage, taking care to avoid gaps in the garland. Tie ends of the garland to cage.




STEP 4. At the top of the tree, form the end of the garland into the "tip" of the tree.






STEP 5. Finish by hanging lights, ornaments, and other decorations. Set inside a round decorative planter to anchor the tree. Use the tree inside or out.

You can also use the tree as a winter cover for delicate plants or deer protection. Merry Christmas!

Courtesy of Mark A. Van Dyke, markavandyke@yahoo.com

Marist Seeks Spring '13 Communication Intern

Marist College's School of Communication and the Arts has announced that it is seeking applications from qualified candidates for its spring 2013 integrated communication intern position. The candidate selected for this position will earn three academic credits for the semester-long internship. The intern will work from the Lowell Thomas Communication Center on Marist's main campus, providing direct support to the school's dean. Click here to download the position description and application instructions for this communication internship.

Qualifications: Minimum of 2.5 GPA; completion of 60 college credits and prerequisite course in employment practicum. Highly motivated with proficiency in online media and social networks. Excellent writing and communication skills; keen attention to detail; outstanding management and organizational skills. Desire to learn and take initiative while working independently. Must be available to work 10 to 15 hours a week (3 academic credits).

Description: The School of Communication & the Arts houses the largest undergraduate program at Marist College and offers degree programs in art and art history, communication, fashion, media arts and music. The intern will assist with management of public relations, advertising, marketing and other strategic communication functions that help manage relationships among the school its key internal and external audiences. The intern will report directly to a designated member of the staff or faculty for supervision purposes; however, the intern will provide direct support to the school’s dean, various members of the faculty and staff, and contract employees. Responsibilities include but are not limited to:

•  Design, publish, manage material (text, images, videos, links, etc.) for school’s Web site(s).
•  Assist as necessary with media relations.
•  Write, upload, and update material and membership databases on professional networks (LinkedIn, Facebook, Twitter etc.).
•  Create content, distribute, and monitor social media content (Twitter, blogs, etc.).
•  Act as liaison with student communication groups (PRSSA, Advertising Club, etc.)
•  Conduct research and evaluation as needed.
•  Manage a social media strategy for COA (rules, limits, regulations)
•  Write, edit, and distribute public relations, advertising, and marketing materials (press releases, fact sheets, backgrounders, video releases, pitches, etc.) about accomplishments of students and faculty, significant events, and other newsworthy items.

Application: Send electronic cover letter, resume, with list of three references.

Deadline: Tuesday, January 22, 2013

Contact: LoriBeth Greenan, Visiting Professional Lecturer; 845-575-3000, ext. 2608; LoriBeth.Greenan@marist.edu

Marist Featured In Fox News "Helping Heroes Work"

Marist College is featured prominently in a new Fox News video, "From Combat to the Classroom," that promotes its Helping Heroes Work campaign. The Fox News program is designed to help military veterans find educational opportunities and resources as they make their transition from military service to civilian life. 

Marist Student Veteran Shawn George,
Fox News photo

The video is narrated by television host Lieutenant Colonel Oliver North (U.S. Marine Corps, Retired). Marist student veterans Shawn George and Nicholas Castellane, Dean of Graduate and Adult Enrollment Sean-Michael Green (who served as a U.S. Marine), and various parts of the Marist campus appear throughout the five-minute and 34-second video.

Sean-Michael Green with Marist student
veterans, Fox News photo

Fox News selected Marist for the video project because of its “Military Friendly School” designation by G.I. Jobs (GIJobs.com). Green, who is also head of Marist's Veteran’s Liaison Office and Student Veteran’s Organization said, about veterans at Marist, "I think culturally they need to know that  there are people like them there. I think that they need to know that they have a support system and that there are other veterans [at Marist]. They are just not isolated; they are not alone."

Marist Red Fox Company Campaign Coin,
Fox News photo

To make veteran's feel welcome, Marist has adopted certain cultures and traditions that are familiar to military veterans. For instance, Marist has created a unique Fox Company "campaign coin," which recognizes student veterans for outstanding performance or service. Military campaign (or challenge) coins traditionally represent the challenges faced by unit members in a military campaign or operation, and are awarded to unit members for special achievement.

You can read more about Marist's participation in this video series on the Marist College "News From Public Affairs" website at http://www.marist.edu/publicaffairs/foxnewsvets.html. 

Watch the entire promotional video "From Combat to the Classroom" on the Fox News Helping Heroes Work website. Follow this site to watch for the release of a second video, “The Mission: Staying in School,” which will feature other members of the Marist community.

Twitter Goes Papal!

Image Courtesy The Vatican

Well, I guess Twitter has been blessed in a way. One of its newest members happens to be the head of the Catholic Church on Earth. The Vatican announced on Monday, Dec. 3, that Pope Benedict XVI just signed up for his Twitter account under the handle @pontifex, which means bridge builder in Latin.

Pope Benedict is expected to publish his first tweet on Wednesday, Dec. 12, which will respond to questions he is now accepting at #askpontifex, his official Twitter hashtag.

According to the Vatican, as reported by The New York Times ("Twitter Has a New User: The Pope," Dec. 3), a tweet from the pope tweet should be be considered a "papal teaching,” or a message from the pope that is simply "entrusted to a new technology.”

Pope Benedict using an iPad. Photo: Gaia Pianigini,
Rachel Donadio, The New York Times, Dec. 3, 2012

The pope's venture into Twitter is just one more sign of the Catholic Church's growing use of social media. Before signing up for Twitter, Pope Benedict created his own Facebook and YouTube accounts. The pope also has his own social media website, http://www.pope2you.net, and the Vatican has its own downloadable mobile phone application (app).

Vatican's YouTube Twitter Announcement

The U.S. Conference of Catholic Bishops (USCCB) has acknowledged that bishops around the world face an "urgent call" by the Vatican to use social media to "evangelize the new 'digital continent' of social media." The Church's use of social media is intended to engage its 1.2 billion followers, especially young people. 

In 2010, USCCB Communications Committee member Bishop Ronald Herzog (Alexandria, La.) told fellow bishops, "If the Church is not on their mobile device, it doesn't exist. The Church does not have to change its teachings to reach young people, but we must deliver it to the them in a new way."

Courtesy of The Vatican

In announcing Pope Benedict's new Twitter account, the Vatican affirmed, “The pope’s presence on Twitter can be seen as the ‘tip of the iceberg’ that is the church’s presence in the world of new media.”




Stay tuned, and consider following the pope. Do you think if I follow him, he will follow me? Hmmm.

Key words: Twitter, Facebook, YouTube, Catholic Church, Pope Benedict XVI, Vatican, social media, mobile phone