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Article
Terms of service on social media sites
Media and Arts Law Review (2014)
  • Corinne Tan, Ms
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 the TOS, vis-a-vis the copyright regime, in regulating generative activities on social media sites.
Keywords
  • Social Media,
  • Terms of use,
  • Terms of service,
  • Standard terms,
  • Copyright,
  • Intellectual property,
  • Media and communications
Publication Date
2014
Citation Information
Corinne Tan. "Terms of service on social media sites" Media and Arts Law Review Vol. 19 (2014) p. 195 - 220
Available at: http://works.bepress.com/corinne_tan/3/