First Draft's debut handbook establishes standards for using eyewitness media
For case studies, best practices and a review of how copyright and fair use laws apply in different countries, download our latest report.
Newsgathering on social media raises a wide range of ethical, managerial and legal questions. The goal of our latest report is to clear up confusion around copyright law and give readers an understanding of how it applies to photographs and videos captured at the scene of a news event. We highlights some of the pitfalls news organisations should avoid when looking to use this eyewitness media in their reporting and also look at six countries — the UK, US, Germany, France, Finland and Australia — and discuss the unique challenges that apply to each jurisdiction with senior executives and editors.
A study on the use of eyewitness media by broadcast news outlets published in 2014 noted that “a lack of precedent, deliberately vague terms and conditions used by social networks, and ignorance on the part of uploaders cause real confusion.” In the time since this research was conducted and published, much remains the same.
However, eyewitnesses are increasingly aware of their rights as content creators and are speaking out when they feel those rights have been violated. For example, Alfonzo Cutaia, who posted a video to YouTube depicting a time lapse of a storm in Lake Erie and claimed that the video was used by CNN and CBC without his permission. Cutaia, who is a lawyer, brought several cases to court alleging copyright infringement. “The most frustrating part was the lack of technical tools available to me for policing the unauthorised use of my video,” he explained. “So, I decided to use the tools of my trade instead.”
Cutaia’s case, and others featured in the guide, illustrate that a failure to understand and respect how copyright works can cost money, reputation and time. An understanding of each social media platform’s Terms of Service and how these apply to news situations is crucial.
Here are key points to know about copyright before using user-generated content in your reporting:
- Verify the content creator; the person who pushed the red button is the copyright holder.
- Social media platforms do not own the copyright.
- Embedding content without permission is not a copyright infringement.
- Embedding content that has been posted without the consent of the copyright holder is likely to be an infringement. Ask the uploader.
- Scraping, or removing a piece of content from its original platform and running it as your own is copyright infringement.
- Request permission to use content in clear, uncomplicated language and explain how and when the content will be used.
- “Fair use” can often apply providing the news event is on-going, the item has already been published and reasonable efforts have been made towards appropriate attribution.
- Every country has its own interpretation of “fair use.”
For case studies, best practices and a review of how copyright and fair use laws apply in different countries, download our latest report. See also our first handbook, A Journalist’s Guide to Social Sources.
