Twitter's Suspension Of Sports Media Revives Debate Over Fair Use : All Tech Considered Twitter is going after news media that share highlights of U.S. football games without sports organizations' permission. The move shines a spotlight on the notion of fair use of copyrighted content.
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Twitter's Suspension Of Sports Media Revives Debate Over Fair Use

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Twitter's Suspension Of Sports Media Revives Debate Over Fair Use

Twitter's Suspension Of Sports Media Revives Debate Over Fair Use

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KELLY MCEVERS, HOST:

Twitter is going after sports news sites that share football highlights without permission. It suspended two accounts after the NFL and another company filed takedown notices. They claimed video clips showing even a few seconds of game footage violated their copyrights. NPR's Laura Sydell reports.

LAURA SYDELL, BYLINE: The video clips posted are known as GIFs. They're usually a few seconds of footage, like a moment when a player got mad or threw a great pass. Nate Elliott, an analyst at Forrester Research, says the two media organizations who had their accounts taken down, Deadspin and an SB Nation site devoted to GIFs, should've known better. Elliott's a football fan.

NATE ELLIOTT: I don't know if it's the exact wording, but if you were like me, every Sunday, at least twice, you heard, images, pictures and descriptions may not be used without the express written consent of the National Football League.

SYDELL: Twitter suspended both the Deadspin and SB Nation accounts. Deadspin is now back up, but in a statement, Vox Media, which owns SB Nation, said it's working with Twitter to resolve the issues and that it always tries to, quote, "keep our use of unlicensed third-party footage within the bounds of fair use."

And that's crucial here, says Parker Higgins with the Electronic Frontier Foundation, a nonprofit that works on civil liberties in the digital world. The sports leagues can sell exclusive rights to these games, but sports media organizations do have a right to use short clips if they're making commentary. Higgins says that could be the case with at least some of these clips.

PARKER HIGGINS: It's a very small portion of the original. It's in a different context 'cause there's no sound. It's not surrounded by game footage. It does seem like some of these, certainly, could be fair use.

SYDELL: But when Twitter gets a complaint, it is obligated by law to take down the footage. Otherwise, it can be sued for damages.

HIGGINS: Twitter can't really afford to be as outgoing and speech-protective as they'd like to be in the copyright space because they have that copyright liability that can be $150,000 per infringement.

SYDELL: Higgins notes that Twitter has been less aggressive at taking down tweets that involve abuse against someone, and he charges that it's the money issue that makes the difference. Twitter would not comment on that charge, but the company does have a financial partnership with the NFL. And at a moment when it's under pressure from Wall Street and it's just laid off 8 percent of its workforce, it might not be up for taking big risks with a giant like the NFL. Laura Sydell, NPR News.

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