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Pro photographer sues Gannett for republishing images from Twitter feed
Posted by: rjmacs
Date: February 16, 2021 12:31PM
Pro photographer Aaron Babcock took a picture of Bill Murray at a Nebraska/Purdue football game in 2018, and published it to his Twitter feed. Gannett publishing reposted the picture to four of its website without permission from Babcock, and the photographer has sued for copyright infringement. Gannett argues that Twitter's TOS allow it to republish images without permission or compensation. A judge has denied Gannett's efforts to have the suit dismissed, and the case may have wide-ranging implications, particularly for sports photographers.



rj
AKA
Vreemac, Moth of the Future
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Re: Pro photographer sues Gannett for republishing images from Twitter feed
Posted by: hal
Date: February 16, 2021 12:43PM
"Gannett argues that Twitter's TOS allow it to republish images without permission or compensation"

that's quite an argument...
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Re: Pro photographer sues Gannett for republishing images from Twitter feed
Posted by: vision63
Date: February 16, 2021 02:00PM
Quote
hal
"Gannett argues that Twitter's TOS allow it to republish images without permission or compensation"

that's quite an argument...

I'm pretty sure he's happy they used his image without his permission.
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Re: Pro photographer sues Gannett for republishing images from Twitter feed
Posted by: rz
Date: February 16, 2021 02:08PM
Quote
vision63
Quote
hal
"Gannett argues that Twitter's TOS allow it to republish images without permission or compensation"

that's quite an argument...

I'm pretty sure he's happy they used his image without his permission.

Or, he will be once a settlement is reached.
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Re: Pro photographer sues Gannett for republishing images from Twitter feed
Posted by: AllGold
Date: February 16, 2021 02:25PM
Quote
hal
"Gannett argues that Twitter's TOS allow it to republish images without permission or compensation"

that's quite an argument...

Unfortunately, I'll bet Gannett is 100% correct. The real problem here is Twitter and Facebook, etc.



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Re: Pro photographer sues Gannett for republishing images from Twitter feed
Posted by: vision63
Date: February 16, 2021 03:22PM
Quote
AllGold
Quote
hal
"Gannett argues that Twitter's TOS allow it to republish images without permission or compensation"

that's quite an argument...

Unfortunately, I'll bet Gannett is 100% correct. The real problem here is Twitter and Facebook, etc.

Or people using using Twitter and Facebook as if they are customers instead of what they really are, their products.
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Re: Pro photographer sues Gannett for republishing images from Twitter feed
Posted by: Blankity Blank
Date: February 16, 2021 04:22PM
Twitter’s TOS can supersede copyright law? My understanding has been that even if signed, illegal aspects of a contract are still unenforceable.

Wouldn’t this get messy for any copyright holder posting content on the platform? Movie trailers, article excerpts, etc.? It seems they’re position is that once posted to Twitter, content essentially becomes public domain, usable by anyone without limitation or compensation.



Edited 1 time(s). Last edit at 02/16/2021 04:24PM by Blankity Blank.
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Re: Pro photographer sues Gannett for republishing images from Twitter feed
Posted by: vision63
Date: February 16, 2021 04:29PM
Quote
Blankity Blank
Twitter’s TOS can supersede copyright law? My understanding has been that even if signed, illegal aspects of a contract are still unenforceable.

Wouldn’t this get messy for any copyright holder posting content on the platform? Movie trailers, article excerpts, etc.? It seems they’re position is that once posted to Twitter, content essentially becomes public domain, usable by anyone without limitation or compensation.

I believe so. It's not clear what your "creative commons" terms are on Twitter and Facebook etc., like you can specify on photography specific sites. Normally, a media entity will seek permission to use your image from Twitter. I'm sure they'd pay his fee if he asked them, but he sued them, so now it's a war.
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Re: Pro photographer sues Gannett for republishing images from Twitter feed
Posted by: AllGold
Date: February 16, 2021 08:00PM
I don't know how it ultimately works out, but I do know among professional photographers this is a continual controversy because services like Twitter, Instagram, etc. are always, ALWAYS trying to pull this crap with their TOSs that say if you post it on our service then we can do anything we darn well please with it. I don't know if that attempted theft really extends to all their users or just the service itself.

In my opinion, it's part of a larger problem where corporations with their army of lawyers create excessive contracts and TOSs against regular people who don't have an army of lawyers.



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Re: Pro photographer sues Gannett for republishing images from Twitter feed
Posted by: pRICE cUBE
Date: February 17, 2021 12:03PM
Quote
AllGold
I don't know how it ultimately works out, but I do know among professional photographers this is a continual controversy because services like Twitter, Instagram, etc. are always, ALWAYS trying to pull this crap with their TOSs that say if you post it on our service then we can do anything we darn well please with it. I don't know if that attempted theft really extends to all their users or just the service itself.

In my opinion, it's part of a larger problem where corporations with their army of lawyers create excessive contracts and TOSs against regular people who don't have an army of lawyers.


You said what I was about to say. It will be interesting how courts rule on this.



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Re: Pro photographer sues Gannett for republishing images from Twitter feed
Posted by: rjmacs
Date: February 17, 2021 03:33PM
Quote
pRICE cUBE
Quote
AllGold
I don't know how it ultimately works out, but I do know among professional photographers this is a continual controversy because services like Twitter, Instagram, etc. are always, ALWAYS trying to pull this crap with their TOSs that say if you post it on our service then we can do anything we darn well please with it. I don't know if that attempted theft really extends to all their users or just the service itself.

In my opinion, it's part of a larger problem where corporations with their army of lawyers create excessive contracts and TOSs against regular people who don't have an army of lawyers.


You said what I was about to say. It will be interesting how courts rule on this.

I'm not an expert, but apparently part of the question in this case is about whether the photo was republished using a Twitter embed tool, in which case the image would have linked directly back to the original tweet/Twitter user account. I believe Twitter does require this in some cases of republishing (probably when it's a commercial use), which insulates it against the content creator complaining that their work is being reused without attribution.



rj
AKA
Vreemac, Moth of the Future
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