I’m going to take a minute to set up this next program. There are a couple things we all need to have straight in our heads.
First, according to the United States Copyright office, a work is protected by copyright from the moment it is created and made tangible. So a video you make has copyright protection from the moment you record it.
Second, a concept we’ve talked about is “fair use”. This is a small exception to absolute copyright protection. Small portions of a copyright protected work can, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.
Finally, we have a new option on Facebook, called Facebook Live. In simplest terms, you can now live stream events in your life to your Facebook page. The videos are then stored after the live stream stop, so people can play them like a normal video clip on your page.
Got it? So here’s where all three of these come together. Kali Kanongata’a is from the Pacific island of Tonga. He decided he wanted to share the birth of his son, taking place in California, with his family. So he live streamed the entire thing on Facebook. He thought that only his family could see it, only to discover that a much wider world was watching. At the time, he was fine with that. Then ABC’s “Good Morning America” used twenty-two seconds of the forty-five minute feed as part of a story about the growing use of live feeds by everyday people. The story was also carried by ABC’s media partner, Yahoo.
Kanongata’a is suing the two media giants for copyright violation. The networks are arguing that this is a simple case of “fair use”.
As much as I am usually all for the rights of the content creator, I can’t imagine this case is going to last long. I’m not a copyright attorney but this appears to be a pretty cut case for the fair use concept.
Far more importantly is the reminder that everything that you put up on the Internet is available to pretty much the entire world. There are ways to limit access, of course, but the father in this case chose to use technology without completely understanding it. When he did realize how many people could see it, he CHOSE to continue on.
Just because you can doesn’t mean you should. That applies as much to the online world as anywhere else. And once it’s done, you may end up in places you never expect.
Think of that poor kid. His entry into the world will be around for everyone to see for all of his life. Talk about having your rights violated.
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