How Laws Protect Your Data on Social Media

These quarantine days spent at home push us to stick to our devices and social media much more than during our daily route before the Covid-19 pandemic emergency. But how are data, photos and memeories treated by the browsers and social media companies? Here's a small vademecum about what happens once you tap the “share button”.

How many times have we thought about posting content on Facebook without any consequences, almost as if the uploading of personal material on a social network automatically implies the loss of intellectual property? However, copyrights are taken into consideration and safeguarded by Facebook, as well as the current legislation. If Facebook intervenes by reporting the violation by filling out a specific form, the latter applies the Digital Millennium Copyright Act (DMCA). The DMCA makes illegal the production and disclosure of technologies, tools, and services that can be used for bypassing access measures to copyrighted products (also known as DRM). The European Union, on May 2nd 2001, has approved the European directive about copyright, similar to the DMCA. The universal access to the world wide web and technological progress have made necessary the reinterpretation of concepts such as privacy and personal data. 

With the increase of interconnectivity in the digital world, the topic of security becomes even more critical. The keyword, in this case, is cybersecurity. In fact, on the internet, there are always new dangers that can often pose a threat to companies and individuals. The topic of cybersecurity is, therefore, more relevant than ever before, also covering all the other aspects and sectors of Information Technology. In order to ensure the safety of users, there are a lot of methods available ranging from the explanation of the web’s dangers to specific courses for security on the internet and to the use of tools and programs.

These tools are softwares that simplify the work and allow us to do specific actions on the web. Facebook Insights, as well as Instagram Insight, is one of the most powerful social media analytics tools for tracing user interactions on Facebook's Fan Pages. The Insights Tool offers a panoramic of your analytic profiles, including the Page Views, Page Likes, Post Reach, Post Engagements and the data regarding the most recent posts.

Keyhole, Hootsuite and Socialbaker are Social Media Analytics platforms that interact with Facebook, Instagram, and Linkedin, keeping track of the traffic activity generated within the social media channels used both for personal and business profiles. 

With particular exceptions, the financial protection of an artwork lasts until the seventieth year after the death of the author (after the passing of the author, it is the heirs who benefit from the proceeds, and it is to them that authorizations or licenses must be requested). 

Music, mp3, midi files, music lyrics, cinematographic works, films – Great interest have topics such as the legitimacy of the free distribution of music via the internet. The distribution and the exchange of music material that intercoms between internet users (usually in the form of MP3 o WAV) are to be considered illegitimate if not authorized by the author or by the holder of the economic rights of the work. 

Photographs, artistic photos, portraits – In this case, it is necessary to distinguish whether the photos have artistic value or not. In the case of simple photographic works, the photographer is entitled to the exclusive rights of reproduction, dissemination, and distribution (art. 88 I. 633/419), unless the opera has been commissioned under a contract of employment (in this case the employer owns the rights). The protection lasts twenty years from the date of realization of the photo. 

In contrast, a unique form of safeguard is provided in the fashion field. The Italian legal system provides for the possibility to protect its design line by guaranteeing protection from the Industrial Property Code through the registration of the design that presents the characteristics of novelty and individual character (art. 31). The registration lasts five years and can be renewed five times for the overall protection of twenty-five years. Nonetheless, often, only the big groups register their designs. 

But this form of protection isn't the only one in existence. The designer can find insurance for his creations also through the law on copyright. It is legitimate to ask whether, like registered design lines, unregistered creative works can also receive protection in criminal law. 

In comparison, the current American law on copyright, likewise the Italian one, states that no deposit is required to obtain the protection of work since the copyright is automatically secured when the work is created or fixed for the first time on a model or recorded on a sound medium. However, it is usually advisable to register at the Washington Copyright Office the original works to acquire proof that said work was created on a specific date and gaining a certificate of deposit. If the deposit takes place within five years of the publication of the opera, the registration constitutes an indisputable proof of the validity of the copyright in the course of a legal procedure in the United States. 

In conclusion, both from a legal and creative standpoint, as always on the internet being original pays. The more unique the content that you will provide, the more credible and influential you will look.

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