TY  - BOOK
AU  - Ruaya, Nichol Jon Burt A.
TI  - The ownership, copyright and liability implications of visual artistic works on social media
SN  - [Hardbound]
PY  - 2017///
CY  - Cebu City
PB  - University of Cebu
N1  - Thesis (Degree of Juris Doctor) -- University of Cebu-Banilad, 2017
N2  - Summary: The social media phenomenon has made an unprecedented impact on many aspects of human living and interaction. In the creative realm, artists utilize social media platforms as online galleries and exhibition shops. However, social media has also given rise to the practice of reposting and sharing images and graphics without the knowledge or consent of the artist-copyright holder. This has led to many disputes and questions regarding the legal consequences of an artistic work transitioning onto social media. Hence,this study looks into the retention of ownership and copyright, the  applicability for fair use, and the liability for infringement, if any, on popular social media platforms. The study utilized a qualitative approach and analyzed relevant intellectual property laws and jurisprudence. The unique circumstances of online visual artists and the distinguishing characteristics of social media platforms, including their terms and conditions of use, were also considered. The findings show that ownership and copyright over the artistic work are retained by the artist even when the work has been uploaded onto a social media platform. Thus, unauthorized use and reposting by other users may be addressed through legal remedies afforded to the artist-copyright holder. However, the defense of fair use is still available to these users, subject to distinctions that must be made  between public profiles and pages and private profiles. The former are presumably commercial in nature and encroach on the copyright holder's economic rights, rendering them less likely to successfully invoke fair use. On the other hand, private users are given more protection pursuant to the constitutional guarantee of freedom of expression, as well as the ultimate state objective of promoting public access to the arts. In the event that infringement by a user is established, those who shared or responded to the infringing post incur no liability. The social media service provider also cannot be held liable on the ground that the infringement took place on its platform when there is no showing that it actively participate in or benefited from the infringing conduct.
ER  -