Volume 04 Issue 02-2024
55
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
55-59
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article examines important aspects of the interaction between copyright and social networks in contemporary
information society. The article emphasizes key elements of agreements between users and platforms, defining rules
for content usage. The Digital Millennium Copyright Act (DMCA) is highlighted as an effective mechanism for
protecting copyright in the online environment. Court decisions on copyright infringement in social networks serve as
examples for understanding the complexities of balancing between freedom of information exchange and intellectual
property protection. In conclusion, the importance of effective collaboration between authors and social platforms is
emphasized to ensure fairness, diversity, and quality of content in the online space.
KEYWORDS
Probation, corrections, internal affairs, convict.
INTRODUCTION
In the modern digital age, social networks provide a
unique environment for information exchange and
creativity, but problems arise with ensuring fairness
and protecting intellectual property. Copyright, as an
essential element of the legal system, is aimed at
protecting creative efforts and stimulating innovation.
In the context of social networks, where users actively
create, share and distribute content, issues related to
intellectual property rights become especially relevant.
Social media platforms - from gaming moments and
research projects to artwork and opinions - serve as
fertile ground for creativity and expression of ideas.
Undoubtedly, social networks such as Facebook and
Twitter provide the opportunity to post materials on
the Internet that may be subject to copyright. In this
case, the owner of the posted work on the social
networking site is not the site itself. However, by
agreeing to post their works, the author enters into an
agreement granting the site a license to use the works
provided. For example, in the terms of service of the
Research Article
THE ROLE OF COPYRIGHT IN THE CONTEXT OF SOCIAL MEDIA
Submission Date:
February 09, 2024,
Accepted Date:
February 14, 2024,
Published Date:
February 19, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue02-10
Tillaboev Shokhrukhbek
Lecturer At Tashkent State University Of Law Fellow Of The El-Yurt Umidi Foundation Alumni Of Brunel
University London
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 02-2024
56
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
55-59
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
social network Twitter, it is noted that the user retains
rights to all content they submit, post, or display.
Therefore, the user grants the social network a non-
exclusive, royalty-free license (with the right to
sublicense) to use, copy, reproduce, process, adapt,
modify, publish, transmit, display, and distribute such
content by any means or methods of distribution.
According to S.S. Losev, each social media channel has
its own policy regarding intellectual property rights,
typically outlined in their terms of use. These policies
allow users to post materials on their sites only if the
user has the legal right to do so or if it does not infringe
on others' intellectual property rights. For example,
Facebook explicitly states this in its terms of service
and community standards, which users agree to abide
by when using the site. Facebook reserves the right to
remove any infringing content without prior notice or
even suspend the operation of your account.
Moreover, today, small business owners must
understand copyright laws and image usage to protect
themselves from online embarrassment or potentially
costly legal disputes. For instance, as soon as a user
uploads a photograph, it is automatically protected by
copyright. Copying and pasting this image can expose
your business to significant legal risks.
Refer to foreign practice, the Digital Millennium
Copyright Act (DMCA) is one of the most effective
means of protecting content in the online space in the
United States. It is an American federal law enacted to
regulate copyright issues in the digital environment.
The Act was enacted in 1998 and provides specific
mechanisms to deal with copyright infringement in the
online environment. The DMCA has become a key
element in balancing copyright protection with
ensuring freedom and diversity in the online
environment.
Ryan Vacca, a professor at the University of New
Hampshire Law School and a member of the school's
Franklin Pierce Center for Intellectual Property, said
the purpose of copyright law is to protect original
creative expression - and images fall under that
protection.
"For most creative works, this easily satisfies the
minimum creative standard if - provided they didn't
steal it from someone else - the original creator has
some copyright protection for that image," Prof. Vacca
explained.
Case Study
In 2018, a New York federal judge ruled that news
organizations that posted tweets containing a photo
of soccer star Tom Brady violated the Copyright Act.
The original photographer originally posted the photo
to Snapchat, where it went viral, and then uploaded it
to Twitter. Those publications were actually the
defendants in the lawsuit that Goldman filed for the
use of his photo taken by the social media publications.
This case is one of the most popular cases in copyright
and social media.
Once user creates an account on a social media
platform such as Instagram or Twitter, you are asked
to accept their terms and conditions. Of course, 99% of
users blindly accept them without actually reading
them. By agreeing, you are typically granting the
platform a royalty-free worldwide license to use any
content you share. By creating an account on the site,
you agree to grant the social media platform a license
to use your content. If users are a content creator, it is
especially important to be aware of this fact and to
make sure that you fully understand the terms and
conditions user have signed up to in order to
understand your intellectual property rights.
Volume 04 Issue 02-2024
57
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
55-59
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Everything that is published on account: stories, posts,
Reels, quotes, tweets are your intellectual property,
you are the author and owner of this digital content.
Ruth Carter, author of a book about copyright in
blogging called "The Legal Side of Blogging: How Not
to Get Sued, Fired, Arrested, or Killed," explains that
companies need to realize that copyright infringement
is a form of theft. There is misinformation that tells
business owners, lawyers [and others] that they can
use anything they find on the Internet, as long as
attribution and a backlink to the original.
In the European Union, copyright regulation in social
media is far ahead of a number of countries, including
the Republic of Uzbekistan. The Directive on Copyright
in the Digital Single Market of the European Union
(Directive on Copyright in the Digital Single Market
2016/0280 (COD), also EU Copyright Directive) was
approved in 2019 by the European Council. This legal
act has caused a lot of discussion among media
representatives, also among overseas representatives
such as the United States and Canada. Most believe
that the directive discourages online expression by
requiring websites to obtain licenses to link to news
articles, and Article 13 would require the use of
technology to analyze content that is not capable of
identifying fair use, such as parody.
This includes Article 13 of the EU Copyright Directive. In
theory, Article 13 places greater responsibility on social
media platforms to take proactive measures to both
remove and prevent the publication of any potentially
infringing content. This is intended to help protect
content creators and place less responsibility on them
to monitor their creations. Currently, social media
platforms provide services to investigate and remove
infringing content if they are notified of infringement.
For better and more effective support of copyright,
taking into account the development of information
technologies, the World Intellectual Property
Organization Copyright Treaty was signed in 1996.
However, this treaty does not affect the freedom of
the contracting countries to grant exclusive rights to
the authors of literary, artistic, musical works. This
means that the last expression will always be for the
right holder, the state has no right to take away
someone's work.
It can be stated that copyright infringement is one of
the pressing issues in the realm of intellectual property
law. This problem needs to be addressed at the
international level with the assistance of international
organizations such as the WIPO, the International
Federation of Phonogram Producers, and the
Copyright Licensing Agency. These organizations
should pay special attention to infringements on online
platforms and social networks.
Photographic works, along with similar methods falling
under the definition of photography, are subject to
copyright protection and therefore receive protection
through a special key in blockchain technology.
According to the privacy policy of the Telegram
platform, photographs, videos, and other files undergo
encryption with a unique key that remains unknown to
the server. During the data transmission stage, this
key, along with the file's location, undergoes additional
encryption with a new secret chat key before being
sent to the recipient.
In 2021, the Arbitration Court of the Sverdlovsk Region
(Russia) issued a decision in favor of the claimant,
establishing the fact of violation of his copyright to
objects of intellectual property. The claimant
demanded that the court obligate the social network
to remove the objects of his copyright within one
calendar day from the moment the court's decision
Volume 04 Issue 02-2024
58
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
55-59
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
entered into force. Additionally, he asked the court to
recover from "VKontakte" a penalty and compensation
in the total amount of 1.1 million rubles. In practice,
judicial decisions on the obligation to remove content
and compensations are usually assessed taking into
account the responsibility of the social network for the
content posted by its users. Overall, the court's
decision will depend on how clearly the violation is
proven and what legal grounds are used for the
claimant's demands.
Based on the above facts, we can conclude that
copyright and social networks are interconnected not
only by publications and other content, but also by
legal aspects. Unfortunately, as practice shows, the
source of regulation and dispute resolution
mechanisms have not yet been normalized. One of the
key aspects of the interaction between copyright and
social media is the consent of authors to post their
content. User agreements and privacy policies
determine how social networks can use posted
content.
Court decisions such as those cited in the cases
discussed highlight the importance of copyright
protection and provide a framework for resolving
disputes. However, these cases also highlight the
difficulty of balancing the freedom to share
information with protecting the rights of authors.
CONCLUSION
In conclusion, in today's digital age, the role of
copyright in social media represents an integral part of
maintaining fairness, fostering creativity, and ensuring
the rights of legitimate content owners. The effective
interaction of these two areas promotes diversity and
quality of content in the virtual space, contributing to
the development of a digital society.
The best way to protect your business from copyright
infringement litigation is to ask permission from
original content creators before using their work, using
free images online and creating your own content.
REFERENCES
1.
Лосев, С. С. Использование объектов
авторского права и смежных прав в
социальных
сетях:
правовые
аспекты
[Электронный ресурс] / С. С. Лосев. –
Нац.центр
правовой
информ.
Респ.
Беларусь. –
Минск, 2016. –
Режим доступа :
http://bii.by/tx.dll?d=319973&a=2.
–
Дата
доступа: 06.04.2020.
2.
Издатели
нарушают авторские
права,
используя
фотографии
в
твитах,
https://media.kg/news/ogromnym-syurprizom-
stalo-reshenie-federalnogo-sudi-nyu-jorka-po-
itogam-processa-ob-ispolzovanii-fotografii-iz-
twitter/
3.
Ruth Carter, The Legal Side of Blogging: How
Not to get Sued, Fired, Arrested, or Killed
Kindle
Edition,
URL:
https://www.amazon.com/Legal-Side-
Blogging-Arrested-Killed-
ebook/dp/B009K4U5RU
4.
Directive on Copyright in the Digital Single
Market 2016/0280 (COD), также EU Copyright
Directive),
https://eur-lex.europa.eu/legal-
content/EN/LSU/?uri=CELEX:32019L0790
5.
Договор ВОИС по авторскому праву и
Договор
ВОИС
по
исполнениям
и
фонограммам. Конвенции и договора ВОИС
по авторским и смежным правам // URL:
https://www.wipo.int/treaties/ru/ip/wct/
6.
ТИЛЛАБОЕВ,
Ш.
(2023).
Особенности
нарушений авторских прав на онлайн
платформах. ЮРИСТ АХБОРОТНОМАСИ,
3(3), 39-43.
Volume 04 Issue 02-2024
59
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
55-59
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
7.
Суд взыскал с «ВКонтакте» более 1 млн руб.
компенсации за нарушение авторских прав
пользователя // Адвокатская газета : сайт. –
URL: https://www.advgazeta.ru/novosti/sud-
vzyskal-s-vkontakte-bolee-1-mln-
rubkompensatsii-za-narushenie-avtorskikh-
prav-polzovatelya/
8.
RASBERGENOVA, S. (2023). РЕАЛИЗАЦИЯ
НОРМ
МЕЖДУНАРОДНОГО
ЭКОЛОГИЧЕСКОГО
ПРАВА
В
НАЦИОНАЛЬНОЙ ПРАВОВОЙ СИСТЕМЕ.
ЮРИСТ АХБОРОТНОМАСИ, 3(3), 129
-136.
9.
Tillaboev, S. (2023). DIGITAL HUMAN RIGHTS.
WHAT ARE THE MAIN HUMAN RIGHTS IN THE
DIGITAL
ENVIRONMENT?.
International
Journal Of Law And Criminology, 3(08), 45-49.
10.
Jaloliddin, R. (2023). THE PROTECTION OF
INVESTOR RIGHTS IN THE DIGITAL AGE:
EMERGING
CHALLENGES
AND
LEGAL
RESPONSESTHE PROTECTION OF INVESTOR
RIGHTS IN THE DIGITAL AGE: EMERGING
CHALLENGES
AND
LEGAL
RESPONSES.
INNOVATIVE DEVELOPMENTS AND RESEARCH
IN EDUCATION, 2(15), 226-228.
11.
Хужаев, Ш. (2022). Особенности правового
регулирования социальных сетей в США.
Современные
тенденции
развития
цифровизации в сфере юстиции, 1(1), 146
-150.
12.
Рустамбеков, И. Р. (2015). Об определении
правового
понятия
сети
Интернет.
Информационное право, (3), 22
-26.
13.
Мамасиддиков, М., & Тиллабаев, М. (2016).
Актуальные
вопросы
внедрения
информационных технологий в гражданское
процессуальное
законодательство
Республики Узбекистан. In Актуальные
проблемы
совершенствования
законодательства и правоприменения (pp.
106-111).
14.
Тиллабаев, М. А., & Хамдамова, Ф. У. (2015).
Оценка международно
-
правовых основ по
искоренению детского труда. Евразийская
адвокатура, (1 (14)), 47
-50.
15.
Govkherjan, Y. (2023). FOREIGN POLICY OF THE
NEW UZBEKISTAN AND ITS FEATURES. World
Bulletin of Management and Law, 25, 47-50.
