Van Alsenoy, Verdoodt, Heyman, Ausloos, Waters and Acar (2015)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

Van Alsenoy et al. (2015)
Title: From social media service to advertising network: A critical analysis of Facebook’s Revised Policies and Terms
Author(s): Van Alsenoy, B., Verdoodt, V., Heyman, R., Ausloos, J., Wauters, E., Acar, G.
Year: 2015
Citation: Van Alsenoy, B., Verdoodt, V., Heyman, R., Ausloos, J., Waters, E. and Acar, G. (2015) From social media service to advertising network: A critical analysis of Facebook’s Revised Policies and Terms. A report commissioned by the Belgian Privacy Commission. Section 7.
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by:
About the Data
Data Description: The study involves a textual analysis of Facebook’s terms of service and assesses their compatibility with a selection of EU jurisdictions.
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: No
Literature review?: No
Government or policy study?: No
Time Period(s) of Collection:
Funder(s):
  • Flemish Agency for Innovation through Science and Technology

Abstract

“Facebook’s revised Data Use Policy (DUP) is an extension of existing practices. This nevertheless raises concerns because Facebook’s data processing capabilities have increased both horizontally and vertically. By horizontal we refer to the increase of data gathered from different sources. Vertical refers to the deeper and more detailed view Facebook has on its users. Both are leveraged to create a vast advertising network which uses data from inside and outside Facebook to target both users and non-users of Facebook.”

Main Results of the Study

The study finds that Facebook includes a clause in their terms of service which permit commercial uses of user-generated content. This is ensured via an automatic licence grant which is transferable, sub-licensable, royalty-free, and worldwide. The authors note that this may cause substantial incompatibilities with European countries, for example Belgium and Germany, where any such licence grant would likely be void. Terms of service which are drafted from a US perspective may not take into account other European specificities, such as moral rights.User-generated content may also be used in “sponsored stories” and “social ads” through an automatic grant contained in the terms of service (and in keeping with the commercial use permission in the copyright licence). Again, this may create incompatibilities with European copyright laws, such as the right to control the use of one’s image.

Policy Implications as Stated By Author

The authors state that the existence of overarching, all-encompassing licensing terms, which do not take into account specific jurisdictional nuances, cause a “significant imbalance” between the platform and user. Furthermore, these terms may be incompatible with several jurisdictions in the EU. Whilst the new Facebook policies are more transparent in their explanation of uses of user-generated content, they lack sufficient control mechanisms. Potential solutions to this issue may involve notifying users when and how their content is used in e.g. a commercial capacity in advertisements.


Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Green-tick.png
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Datasets

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