It took a while, but Dallas Mavs owner Mark Cuban finally got in trouble with the League about something he wrote on his Twitter page. Cuban was fined $25K for criticizing the refs following a game against the Nuggets on Friday night.
Cubes took the fine in stride – and even joked about it – but what has him concerned are the legal rammifications of his online writings. On his personal blog, he asks his readers for clarification:
Here is a question for all you legal scholars out there. Is a tweet copyrightable? Is a tweet copyrighted by default when its published ? Can there possibly be a fair use exception for something that is only 140 characters or less?
I got to thinking about this when I tweeted about an NBA game. I tweeted to the people who follow me. While I never asked that they not distribute it to other tweeters, i did not give anyone permission to republish my tweets in a commercial newspaper, magazine or website.
So when an ESPN.com or any other outlet republishes a tweet, have they violated copyright law? Is twittering the process of publishing in 140 characters or less, or is it a private communications to those that follow you ? Even if you dont block outsiders from seeing it?
I’ll leave it to the legally-minded among you guys to figure the answer to Cuban’s question; I just hope Cuban takes this seriously and eventually forces a meeting with a bewildered David Stern to discuss Tweeting.
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(probably mav games are boring to watch)
Was hoping you could clarify or come back on your answer which I think is faulty. It’s not an obvious matter since most laws on digital data/content aren’t even written yet. Cubes might be the one to take this to a higher court to establish precedent. What do you think?
If I decided to publish a coffee table book with Shaq’s best tweets, he would sue me unless there’s a usage agreement. Internet being public domain has nothing to do with ownership of content. Mark’s question in my opinion is very valid. This might be what has him smiling about the whole thing.
A twitter is likely to be sufficiently creative to merit copyrightability. Now, who has the copyright is subject to agreements and contractual arrangements. You can, through a writing, transfer your copyright to someone else.
when asked if he uses tweeter, he replied with yes, i’ve twatted.
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