Man sued for uploading City Council meeting video to YouTube
When YouTube user, Joseph Teixeira posted a clip from his local city council meeting to YouTube, he undoubtedly knew nothing of the repercussions to come. As we originally covered, Teixeira faced legal trouble after uploading videos criticizing the mayor and other government officials in the City of Inglewood in Los Angeles County. The city claimst, by using clips of city council meetings in the videos, he violated copyright laws; as a result, the city “has suffered, and will continue to suffer, irreparable harm and damages.”
The city claims the videos do not fall under the exception for fair use because they allegedly “have no critical bearing.” However, it seems a bit contradictory for the city to claim the videos are not being used for critique, but also claiming they have suffered damages.
Court rules in favor of Teixeira
The United States District Court, Central District of California first determined that the City could not, as a matter of law, assert a copyright interest in the recordings of the City Council’s meetings. And even if it could, Defendant’s conduct fell squarely within the purview of the fair use doctrine and was thus shielded from copyright liability. Indeed, the Court remarked that it “can scarcely conceive of works that are more appropriately protected by the fair use doctrine and § 107 than the Teixeira Videos.”
Then they decided about the issue of the Defendant (Teixeira) seeking to recover attorneys’ fees expended on litigating this action. He was indeed awarded $117,000 to cover his attorney fees. This amount was decided based on five factors. These factors are outlined in the minutes (pdf file) here:
“Defendant argues that the amount of hours expended on this litigation is reasonable on five separate grounds. First, as already discussed, the defense was entirely successful in dismissing the case with prejudice. Second, the issues raised in the Motion to Dismiss were complex, requiring research into the intersection between federal copyright law and state public records law. Third, the City’s own litigation tactics drove up defense costs. Fourth, the case was led efficiently by Mr. Laidman, a mid-level associate at DWT, while Mr. Burke assumed only a supervisory role. And finally, the total amount requested is within the range of fees awarded in comparable copyright actions.”
Teixeira tells us all to know our rights
Joseph Teixeira tells us, ” I guess the general lesson is that if you’re sure that you’ve done your homework about what Rights you have, and someone in power tries to intimidate you into believing that you don’t have those Rights, you need to stand up for those Rights. That’s hard when you think about what you could lose in money, reputation, and security, but if you’re willing to concede your Rights without a fight, all those other things you are afraid of losing, may be taken from you anyway.”
The lesson here is know the law, especially if you are posting videos on line that are not of your own creation. In fact, even they are your own creation; you should still know which laws can apply to the use and distribution of material.
How this influencer gained 26k followers during the pandemic
(SOCIAL MEDIA) Becoming an influencer on social media can seem appealing, but it’s not easy. Check out this influencer’s journey and her rise during the pandemic.
Meet Carey McDermott – a 28-year-old Boston native – more widely known by her Instagram handle @subjectively_hot. Within a few months, since March, McDermott has accrued a whopping 26k following, and has successfully built her brand around activism, cheeky observations of day-to-day bullshit, and her evident hotness.
“It mostly started as a quarantine project.” Said McDermott, who was furloughed from her job at the start of shelter-in-place. “I had a lot of free time and I wanted to do an Instagram for a while so I thought, ‘I might as well take some pictures of myself.’”
To get started McDermott, used a lot of hashtags relevant to her particular niche to get noticed, and would follow other influencers that used similar hashtags.
“I definitely built a little online community of women, and we all still talk to each other a lot.”
Like many popular influencers, McDermott engages with her audience as much as possible. She is sure to like or reply to positive comments on her pictures, which makes followers feel special and seen, and subsequently more likely to follow and continue following her account. She also relies heavily on some of Instagram’s more interactive features.
When asked why she thinks she has been able to build and retain such a large base in just a few months, McDermott explained: “I think people like my [Instagram] Stories because I do a lot of polls and ask fun questions for people to answer, and then I repost them”.
But it’s not just fun and games for @subjectively_hot – Carey wants to use her account to make some substantial bread.
“I’ve gotten a bunch of products gifted to me in exchange for unpaid ads and I’m hoping to expand that so I can get paid ads and sponsorships. But free products are nice!”
Additionally, McDermott was recently signed with the talent agency the btwn – a monumental achievement which she attributes to her influencer status.
“Having a large Instagram following gave me the confidence to reach out to a modeling brand. After they looked at my Instagram, they signed me without asking for any other pictures.”
To aspiring influencers, McDermott offers this advice:
“Find your niche. Find your brand. Find what makes you unique and be yourself – don’t act like what you think an influencer should act like. People respond to you being authentic and sharing your real life. And definitely find other people in similar niches as you and build connections with them.”
But McDermott also warns against diving too unilaterally into your niche, and stresses the importance of a unique, multi-dimensional online persona.
“[@subjectively_hot] is inherently a plus size account. But a lot of plus size Instagrams are just about being plus size, and are only like, “I’m confident and here’s my body”. I don’t want to post only about body positively all day, I want it to be about me and being hot.”
And you definitely can’t paint this girl in broad strokes. I personally find her online personality hilarious, self-aware, and brutally anti-patriarchal (she explicitly caters to all walks of life minus the straight cis men who, to her dismay, frequent her DMs with unsolicited advice, comments, and pictures). Her meme and TikTok curations are typically some of the silliest, most honest content I see that day and, as her handle suggests, her pictures never fail in their hotness value.
For McDermott, right now is about enjoying her newfound COVID-era celebrityhood. Her next steps for @subjectively_hot include getting paid ads and sponsorships, and figuring out the most effective way to monetize her brand. The recent spike in COVID-19 cases threaten her chances of returning to the place of her former employment in the hospitality industry.
With so many influencers on Instagram and other platforms, some might find it hard to cash in on their internet fame. But with a loyal fanbase addicted to her golden, inspiring personality, I think Carey will do just fine.
This LinkedIn graphic shows you where your profile is lacking
(SOCIAL MEDIA) LinkedIn has the ability to insure your visibility, and this new infographic breaks down where you should put the most effort.
LinkedIn is a must-have in the professional world. However, this social media platform can be incredibly overwhelming as there are a lot of moving pieces.
Luckily, there is a fancy graphic that details everything you need to know to create the perfect LinkedIn profile. Let’s dive in!
As we know, it is important to use your real name and an appropriate headshot. A banner photo that fits your personal brand (e.g. fits the theme of your profession/industry) is a good idea to add.
Adding your location and a detailed list of work-related projects are both underutilized, yet key pieces of information that people will look for. Other key pieces come in the form of recommendations; connections aren’t just about numbers, endorse them and hopefully they will return the favor!
Fill in every and all sections that you can, and re-read for any errors (get a second set of eyes if there’s one available). Use the profile strength meter to get a second option on your profile and find out what sections could use a little more help.
There are some settings you can enable to get the most out of LinkedIn. Turn on “career interests” to let recruiters know that you are open to job offers, turn on “career advice” to participate in an advice platform that helps you connect with other leaders in your field, turn your profile privacy off from private in order to see who is viewing your profile.
The infographic also offers some stats and words to avoid. Let’s start with stats: 65% of employers want to see relevant work experience, 91 percent of employers prefer that candidates have work experience, and 68% of LinkedIn members use the site to reconnect with past colleagues.
Now, let’s talk vocab. The infographic urges users to avoid the following words: specialized, experienced, skilled, leadership, passionate, expert, motivated, creative, strategic, focused.
That was educational, huh? Speaking of education – be sure to list your highest level of academia. People who list their education appear in searches up to 17 times more often than those who do not. And, much like when you applied to college, your past education wasn’t all that you should have included – certificates (and licenses) and volunteer work help set you apart from the rest.
Don’t be afraid to ask your connections, colleagues, etc. for recommendations. And, don’t be afraid to list your accomplishments.
Finally, users with complete profiles are 40 times more likely to receive opportunities through LinkedIn. You’re already using the site, right? Use it to your advantage! Finish your profile by completing the all-star rating checklist: industry and location, skills (minimum of three), profile photo, at least 50 connections, current position (with description), two past positions, and education.
When all of this is complete, continue using LinkedIn on a daily basis. Update your profile when necessary, share content, and keep your name popping up on peoples’ timelines. (And, be sure to check out the rest of Leisure Jobs’ super helpful infographic that details other bits, like how to properly size photos!)
This Twitter tool hopes to fight misinformation, but how effective is it?
(SOCIAL MEDIA) Birdwatch is a new tool from Twitter in the fight against misinformation… in theory. But it could be overkill.
Social media has proven to be a blanket breeding ground for misinformation, and Twitter is most certainly not exempt from this rule. While we’ve seen hit-or-miss attempts from the notorious bird app to quell the spread of misinformation, their latest effort seems more streamlined—albeit a little overboard.
Birdwatch is a forthcoming feature from Twitter that will allegedly help users report misleading content. According to The Verge, Twitter has yet to release definitive details about the service. However, from leaked information, Birdwatch will serve the purpose of reporting misinformation, voting on whether or not it is truly misleading, and attaching notes to pertinent tweets.
Such a feature is still months away, so it appears that the upcoming election will take place before Birdwatch is officially rolled out.
There are a lot of positive sides to welcoming community feedback in a retaliation against false information, be it political in nature or otherwise. Fostering a sense of community responsibility, giving community members the option to report at their discretion, and including an option for a detailed response rather than a preset list of problems are all proactive ideas to implement, in theory.
Of course, that theory goes out the window the second you mention Twitter’s name.
The glaring issue with applying a community feedback patch to the rampant issue of misinformation on social media is simple: The misinformation comes from the community. A far cry from Twitter’s fact-checking warnings that appeared on relevant tweets earlier this year, Birdwatch—given what we know now—has every excuse to be more biased than any prior efforts.
Furthermore, the pure existence of misinformation on Twitter often results from the knee-jerk, short response format that tweets take. As such, expecting a lengthy form and vote application to fix the problem seems misguided. Simply reporting a tweet for being inaccurate or fostering harassment is already more of an involved process than most people are likely to partake in, so Birdwatch might be overdoing it.
As always, any effort from Twitter—or any social media company, for that matter—to crack down on the spread of misinformation is largely appreciated. Birdwatch, for all of its potential issues, is certainly a step in the right direction. Let’s just hope it’s an accessible step.
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