Copyright & Shareability: A Contractual Solution to Embedding via Social Media

66 Pages Posted: 13 Jun 2022

See all articles by Isabela Palmieri

Isabela Palmieri

University of North Carolina (UNC) at Chapel Hill - School of Media and Journalism

Amanda Reid

UNC Chapel Hill

Date Written: June 1, 2022

Abstract

An emerging change in judicial interpretation of copyright law threatens to unsettle well-settled expectations about the permissibility of embedding Internet content. Changes to the permissibility of embedding would inject uncertainty into a legal landscape that has proven foundational and has supported creators of all kinds. This jurisprudential shift would likely prompt social media platforms to alter the technological affordances offered to users, such as removing features that facilitate embedding. To preserve embedding affordances, this Article offers a novel solution: model contractual language that platforms can adopt in their User Agreements to license embedding and foster shareability. This Article’s proposed licensing provisions would give clarity, precision, and predictability about the permissibility of embedding online, notwithstanding any change in judicial interpretations of copyright law.

Suggested Citation

Palmieri, Isabela and Reid, Amanda, Copyright & Shareability: A Contractual Solution to Embedding via Social Media (June 1, 2022). Available at SSRN: https://ssrn.com/abstract=4124261 or http://dx.doi.org/10.2139/ssrn.4124261

Isabela Palmieri (Contact Author)

University of North Carolina (UNC) at Chapel Hill - School of Media and Journalism ( email )

Amanda Reid

UNC Chapel Hill ( email )

Carroll Hall
Campus Box 3365
Chapel Hill, NC 27514-3365
United States
919.962.3037 (Phone)

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