Social Media, SOPA and Public Domain
Social Media, SOPA and Public Domain
Social media consulting firms have been bombarded with questions and concerns regarding proposed SOPA and PIPA legislation especially after last week’s blackout by Wikipedia and other sites. It’s an important topic that we have covered from the very beginning but just when you thought it couldn’t get much worse…well, it did!
Beyond SOPA
SOPA (aka the Stop Online Piracy Act) is drawing heavy criticism from websites both large and small but perhaps no place is potentially more at risk than social media sites like Facebook and Twitter. Because of their unique sharing structure, social media sites routinely allow users to post and share information…much of which is in the public domain or private but also a significant portion that is under some form of copyright protection. Fair Use laws and other legal loopholes often come into play but without the ability to read and review each post prior to distribution, social media sites could grow quiet should SOPA pass.
If that doesn’t sound threatening enough, a recent ruling by the Supreme Court should send chills down your spine; a recent decision allows Congress to restore copyright claims on works that have already entered the public domain! In this unprecedented ruling, the US Supreme Court has just managed to severely restrict the use of books, musical works, paintings and other forms of intellectual property that has been openly used by the public for years without the need to pay licensing fees or other provisions.
In keeping with the International Berne Convention treaty, the new ruling will require a licensing fee for use…or entire prohibition of use based upon the renewal of public domain works. Millions of works are expected to be affected once fully implemented.
Bottom Line for Small Business
It is increasingly important for small business owners to invest in unique, original and engaging content for all social media marketing campaigns as well as their website, blog and other offerings.







