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The Copyrightability of Twitter Posts

TechDirt has an interesting look at some of the questions arising about the copyrightability of Twitter messages. I haven't seen any actual copyright lawyers weigh in yet, but it certainly will be interesting to watch the feathers fly until someone nails down the answer. "[...] it seems like there would be two issues here. The first is whether or not the content is covered by copyright — and, for most messages the answer would probably be yes (there would need to be some sort of creative element to the messages to make that happen, so a simple 'hi' or 'thanks' or whatever might not cut it). But, the more important question then would be whether or not ESPN could quote the Twitter message. And, there, the answer is almost certainly, yes, they could, just as they could quote something you wrote in a blog post."

13 of 183 comments (clear)

  1. 140 Characters? by morgan_greywolf · · Score: 5, Funny

    140 Characters? You can copyright 140 characters? Maybe. Can you copy this post?

    Copyright © 2009 Morgan Greywolf. All rights reserved.

    1. Re:140 Characters? by ObsessiveMathsFreak · · Score: 4, Interesting

      There are some things that can't be copyrighted.
      For everything else, there's Lawyers.

      (Accepted wherever greed is good)

      --
      May the Maths Be with you!
    2. Re:140 Characters? by retchdog · · Score: 4, Interesting

      Here is an "anthology" of six-word-long short stories; maybe you'd agree that at least a few of them are art?

      http://www.wired.com/wired/archive/14.11/sixwords.html

      (Of course, there might be a problem with "derived works" here - Alan Moore and Darren Aronofsky independently wrote basically the same thing.)

      --
      "They were pure niggers." – Noam Chomsky
    3. Re:140 Characters? by TheRaven64 · · Score: 3, Informative
      I take it you missed this at the bottom of the page:

      All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster. The Rest © 1997-2009 SourceForge, Inc.

      You own the copyright on all of your posts.

      --
      I am TheRaven on Soylent News
    4. Re:140 Characters? by eln · · Score: 4, Funny

      Strangely enough, out of all of those 664476756947807176715034333311766515110070489754984251115127044065335\
      958723421280563932610202817364857562965301326676439580847882136233622\
      470228337349221780394017946865300500917686923368657379455054140638838\
      860621536007842505308434547056289460001 combinations, there are only about 23949324789628367456963242 that are actually worth copying, none of which have ever appeared on Twitter.

    5. Re:140 Characters? by Faylone · · Score: 4, Funny

      So, everything on one page?

  2. isn't anything created... by Lordfly · · Score: 4, Informative

    ...automatically assumed to have copyright attributed to the author?

    I had no idea Twitter had some mystical "copyright-defeating aura" about its service.

    --
    hookers and grits.
  3. Twitter? Mystical? Hardly. by geekmux · · Score: 4, Interesting

    ...automatically assumed to have copyright attributed to the author?

    I had no idea Twitter had some mystical "copyright-defeating aura" about its service.

    The only thing about Twitter that is "mystical" is its ability to stay popular and relevant well past its 15-minute window...

  4. Re:Who really cares? by $1uck · · Score: 3, Funny

    Seriously... you're an idiot if you are going to twitter about taking a shit or a piss. If you're going to twitter something meaningful, like hey I'm on the subway and its being delayed b/c some jackass jumped off the platform and I'm going to be late to (wherever). Then supposing you're friends are following you they will know... where you are and why you're late.

    Twittering is no more idiotic than instant messaging. Its like an email list for instant messaging. It has qualities a chat room lacks like a degree of permanence.

    But hey lets make another joke about twittering your bathroom habits and maybe you'll get modded +5 funny and not just redundant.

  5. Re:Copyrightable expression by TinBromide · · Score: 3, Informative

    from the cache page.

    Names, titles, and short phrases or expressions are not subject to copyright protection. Even if a name, title, or short phrase is novel or distinctive or if it lends itself to a play on words, it cannot be protected by copyright. The Copyright Office cannot register claims to exclusive rights in brief combinations of words such as:

    * Names of products or services
    * Names of businesses, organizations, or groups (including the name of a group of performers)
    * Names of pseudonyms of individuals (including pen name or stage name)
    * Titles of works
    * Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
    * Mere listings of ingredients, as in recipes, labels, or formulas. When a recipe or formula is accompanied by explanation or directions, the text directions may be copyrightable, but the recipe or formula itself remains uncopyrightable.

    --
    Is it sad that I am more likely to recognize you and your posts by your sig than your name or UID?
  6. It's a *lot* more complicated than that by Rix · · Score: 4, Informative

    You can't copyright facts, for example. If you get up on a soapbox on Main St. and yell that the Mayor is a space alien, the local paper can report that you did so without any invocation of copyright. They can quote parts of your screed under fair use. TFA discusses this part, if you'd read it.

  7. Careful - A Cautionary Haiku by detachable_halo · · Score: 4, Informative

    Just a simple proof:
    Character count is less than
    One hundred forty

    Copyright © 2009 detachable_halo.

  8. Re:Copyrightable expression by langelgjm · · Score: 3, Interesting

    You'll notice the conspicuous absence of the word "sentence" from what you quoted. Never have I read anywhere that a single sentence is ineligible for copyright. It's certainly not in Title 17. Part of the reason is that "sentence" is of an undefined length. Sentences can be very short. (like that one) Or they can be very long, like the kind you find in the last chapter of Ulysses.

    My point is that if a haiku contains enough creative content to qualify for a copyright, a sentence of the same length, containing the same amount of creative content would also qualify.

    --
    "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson