Our session is getting underway! It's being moderated by Tim Currie of King's.
Currie: issue of using images and video online is a grey area
(Fair use of people's images and video, that is)
Nancy Ruin, media lawyer with Stewart McElroy
Jennifer Hoy, web journalist in New Brunswick
Patrick ODell, Web editor with Global Halifax
Odell : if someone's image or video is public, such as on social media, and it's necessary to tell the story, we can make a case for using it. Must deal on case by case basis.
Jennifer: We always ask for permission to use a social media photo/image and usually we get permission within minutes. At times it's been tempting to just use it if it meets the "fairness test"
Creator of original work has copyright, says Rubin. Copyright law allows for use by media outlets through fair dealing. It's a very nuanced case every time.
Attribute social media posts to the original author, says Rubin
Rubin: Reported cases of copyright infringement involving media in Canada few and far between compared to the U.S. It's easier and cheaper to just ask or acquire a licence, although some places may just take a risk.
Odell: as far as FIFA and Olympics go, we are careful not to use the original carriers' footage, but use images from Canadian Press, for example
Odell: we'll generally seek permission, even if we can make a case for fair dealing.
Rubin: say someone is charged with a crime and you see his/her Facebook photo. Assuming you confirm it's them, Facebook's terms do allow licence for image to be used outside the platform. That doesn't exist for Instagram, though, so you would have to consider the fair dealing criteria
Twitter you can use within the platform, but to use it beyond the platform you'd have to consider the fair dealing factors
Ditto with YouTube, by the way, says Rubin.
Fair dealing : if you take a small (not substantial )snippet of video that you need to tell the story, then that counts. The length of that snippet is open to discussion.
How do you ask people for permission? Jennifer sends a direct message to the author to seek consent.
Jennifer : we're under pressure to make fair dealing decisions in moments
Question: if you embed a tweet, is that infringement? Rubin says no. You're still within the platform by using an embed link from Twitter.
Question : How do you feel about other people using our material? Jennifer: it happens, and some do ask. Patrick: If anyone asks us for our material, we treat it on a case by case basis.