Social media photos: Understand fair use rights
IDSC "BlackTechLogy": Can your social media post be shared for commercial use? It depends
This post is part of a series entitled “BlackTechLogy.” Click here for the archived posts.
When you post an adorable photo of you and your friends, you may think that it can only be used on your social media platform. But according to fair use rights, is that always true? Sometimes yes, sometimes no.
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There seems to be a miscommunication with social media users (largely those under the age of 30 who missed out on AOL dial-up, MySpace glitter backgrounds and are constantly oversharing) about whether their private or public posts can be shared by news platforms. It’s a valid complaint, especially when larger media platforms bring an abundance of attention that the average social media user may not get.
However, for those who understand how fair use rights work, this is a particularly strange argument. If you’re on a social media platform with a public account (or allowing strangers to follow your private account), what on Earth would make you think your tweets are the equivalent of a diary? If a tweet you voluntarily typed on a site that has shareable embed links, why do you consider this a violation of privacy? My initial thought is, “This is bizarre. Log off and talk to your friend(s).”
Playing devil’s advocate here, there are exceptions to the rule — and they largely revolve around copywritten material (i.e. photography and music).