Terms of Service on Social Media Sites

Corinne Hui Yun Tan, 'Terms of Service on Social Media Sites' (2014) 19(2) Media and Arts Law Review 195 - 220

24 Pages Posted: 25 Aug 2014

See all articles by Corinne Tan

Corinne Tan

Nanyang Business School, Nanyang Technological University

Date Written: June 1, 2014

Abstract

This article considers the provisions within the terms of service (‘TOS’) of the social media behemoths of today — Facebook, YouTube, Twitter and the Wikimedia Foundation. In particular, it examines the main provisions that purport to regulate, from a copyright perspective, generative activities on social media sites. This empirical work is undertaken so that the article can shed light on the relationship between the contractual and copyright regimes. To do so, the article identifies the instances where the contractual regime is to some extent aligned with the copyright regime, and further, where there are potential incompatibilities between the two regimes. It also refers to the legal position in the United States, as a result of the nationality of the companies operating the social media sites examined. Additionally, this article makes references to the legal positions in the United Kingdom and Australia, to draw attention to the potential implications of the TOS on social media site users in other jurisdictions. The discussions in the early part of the article lead readers to its conclusion on the appropriate role for TOS, vis-à-vis the copyright regime, in regulating generative activities on social media sites. Its concern is a real one and can serve as a platform for future scholarly contributions to the field, given the worldwide usage of social media sites.

Keywords: terms of use, terms of service, social media sites, social networking sites, facebook, youtube, twitter, wikipedia, copyright, user generated content, generation of content, generative activities, users, media law, new media

JEL Classification: K1, K10, K12, K2, K20, K29, K3, K30, K39, K4, K40, K49, K42, L82, L86

Suggested Citation

Tan, Corinne, Terms of Service on Social Media Sites (June 1, 2014). Corinne Hui Yun Tan, 'Terms of Service on Social Media Sites' (2014) 19(2) Media and Arts Law Review 195 - 220. Available at SSRN: https://ssrn.com/abstract=2485981

Corinne Tan (Contact Author)

Nanyang Business School, Nanyang Technological University ( email )

50 Nanyang Avenue
639798
Singapore

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