6 Comments

  1. Eric

    17 usc 108(a) allows one copy. Do you really think the LOC will only make one? Also Twitter is not an employee of the LOC.

  2. Eric: How many copies do you think the LOC will need to make? It’d take an awful lot of disk space to have more than one copy lying around. Not sure I see what you’re saying about Twitter not being an employee…

  3. Eric

    Perhaps they will only make one copy for practical purposes. But 108(a)’s limitation on 106 applies only to the library/archives or its employees, not Twitter’s employees.

    “it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy…of a work”

    I think it’s pretty clear that Congress intended for 108(a) to apply to works already in the possession of the library/archives, not to function as a way for a library/archives to acquire additional works.

    Of course, for anyone to bring a copyright claim, they’d need to register (and likely would not be eligible for enhanced damages) and to prove that there was copyrightable material in their tweets, so the field of potential plaintiffs is not so large as one might think. Further, it looks like the TOS may allow Twitter to sublicense content to the LOC (even if users have already removed it from the service), so the point may be moot.

  4. I think a lot of people are going to be shocked by this. Assuming, of course, that they even really hear about it. Why would the LOC be so interested in social media that it would make copies of it to begin with?

  5. Now what if you are not an American citizen, don’t my nation’s laws supersede any other nations when it comes to me? I do take into account that Twitter is not based in my country nor does Twitter subscribe to any of our legal statutes, but Twitter is available in my country. Anyway I assume the Library of Congress is somehow violating my rights according to your statutes… are they?

  6. tm

    And you thought Obama was not trying to monitor you.

    Where is the LOC optout on copying my data?
    Where is the LOC privacy policy that states they will copy my content?

    If you do not like this then do not vote Democrat.

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