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ARTICLE · 20 AUGUST 2015

Tweets Reported as Infringing Copyright Deleted by Twitter – Are Tweets Copyrightable?

Mayer Brown
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The social media platform Twitter has been reportedly removing tweets at the request of users who believe their content has been wrongfully appropriated.

GermanyIntellectual Property

The social media platform Twitter has been reportedly removing tweets at the request of users who believe their content has been wrongfully appropriated. According to Twitter user @PlagiarismBad, Twitter replaced the text of those tweets with an explanation that the tweets were "withheld in response to a report from the copyright holder". This raises the issue of the extent to which retweeting a message on Twitter can actually be construed as copyright infringement. In its Copyright and DMCA policy, Twitter states that it "will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as a profile photo, header photo, or background, allegations concerning the unauthorized use of a copyrighted video or image uploaded through our media hosting services, or Tweets containing links to allegedly infringing materials." However, Twitter did not specifically include the written word within these Guidelines.

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