Friday, February 10, 2012

Cuban: Are Tweets Copyrighted?

March 30, 2009

Internet industry billionaire and Dallas Mavericks owner Mark Cuban posed a few interesting questions on his blog last week. Is a "tweet" -- a post via micro-blogging platform Twitter -- copyrightable? Is a tweet copyrighted by default when it's published? Can there possibly be a fair use exception for something that is only 140 characters or less? Is twittering the process of publishing or is it a private communication to those that follow you? He wonders if the same would apply to social networking site Facebook asking whether users really "own" their status updates.

"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 Web site," he wrote. The NBA fined Cuban $25,000 for grumbling about referees on Twitter. His tongue-in-cheek tweet response: "Can't say no one makes money from Twitter now. The NBA does." Read Cuban's blog here and follow him on Twitter here.

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Juliana Gruenwald

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Juliana Gruenwald has been covering tech and telecom issues for more than a decade for National Journal, Interactive Week, BNA and Congressional Quarterly. This is her second stint with National Journal. She was recruited by NJ in 1998 to help launch its first tech policy publication, Technology Daily. She left in 2000 to cover international tech and telecom issues for Ziff Davis Media's Interactive Week magazine. She started her career at United Press International as the wire service's first Helen Thomas Intern. She has a Bachelor of Arts degree from the University of Minnesota. A Minneapolis native, she misses the lakes but not the cold.


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Josh Smith covers technology policy as a staff reporter for National Journal. He previously interned at National Journal Daily, a Senate press office, and the Deseret News in Salt Lake City where he covered the state legislature, courts, and crime. In 2009 he graduated with honors from Southern Utah University after managing an award-winning student newspaper as editor-in-chief. Josh has received state, regional and national awards for his political and policy reporting, including first place in CapitolBeat’s 2009 Best of Statehouse Reporting college competition. A native of drop-dead-gorgeous Utah, Josh lives in Virginia with his wife, Amber.