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53 U.S.F. L. Rev. 463 (2019)
How to Protect Users' Copyright Rights in the Age of Social Media Platforms and Their Unread Terms of Service

handle is hein.journals/usflr53 and id is 481 raw text is: 







How to Protect Users' Copyright Rights

in  the Age of Social Media Platforms

and Their Unread Terms of Service


                                              By MADELEINE  PATTON*




     There are few things worse about the web than being forced to
     read thousands of words of dense legalese in order to upload a
     photo or send a message to a friend. The typical TOS [Terms of
     Service]-a legal necessity, but a human calamity-both enables
     the Internet and sucks the life-force out of it, one run-on sentence
     at a time.'


I.  Introduction


THERE IS AN UNDERLYING CONTRADICTION between copy-
right protection and  social media platforms, as copyright protection
restricts copying and social media platforms promote  sharing.2 In or-
der for users to post their original content on social media platforms,
copyright law requires the platforms to have a license to display copy-
right protected work. Social media  platforms grant themselves such a
license in their terms of service, that users are required to read and
agree  to before they are able to use the platform  and post content.
However,  the  problem  is that social media platforms go beyond  the
narrow  license that is necessary and instead use terms  of service to

    *  J.D., University of San Francisco School of Law (2019); B.A., Psychology, Gonzaga
University (2015). The author would like to thank Professor Karren Shorofsky for her
enthusiasm and guidance in writing this comment. The author would also like to thank
University of San Francisco's Law Review, particularly her fellow Editors, it has been truly
been an honor working with you. Special thanks to Ryan Louie 0. Manuel for his support
in bringing this piece to publication.
    1. Megan Garber, Behold, a Terms of Service Agreement that Is Actually User-Friendly, THE
ATiANTIC (Apr. 12, 2012), https://www.theatlantic.com/technology/archive/2012/04/be
hold-a-terms-of-service-agreement-that-is-actually-user-friendly/255803/  [https://perma
.cc/8U79-5BR6].
    2. H. Bosher & S. Yegiloglu, An Analysis of the Fundamental Tensions Between Copyright
and Social Media: The Legal Implications of Sharing Images on Instagram, INT'L Rv. L., COM-
PUTS. & TECH., 1-2 (2018).


463

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