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ARTICLE · 25 FEBRUARY 2013

Pics On Twitter

A discussion relating to a recent decision in the US, on the intellectual property implications of posting a photo on Twitter.

South AfricaIntellectual Property

There was an interesting decision in the US recently about the intellectual property (IP) implications of posting a photo on Twitter.   The facts were that a professional photographer by the name of Daniel Morel – a man who has apparently spent over 25 years in Haiti – posted dramatic photos of the earthquake that struck Haiti in January 2010 shortly after the event. Morel posted his photos on Twitter's Twitpic service, saying that he had 'exclusive earthquake photos'. Although no copyright notice appeared on the photos, the name Morel did appear on the Twitpic page.

Because the earthquake was major news, a number of media companies contacted Morel and asked him for permission to use the pictures.  Agence France-Presse (AFP) - a news agency that offers an international photo service - however simply downloaded 13 of Morel's  photos  on to its 'Image Forum', and then transmitted them to the company Getty Images,  which in turn licensed them to  various newspapers

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