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THE LEGAL NAVIGATOR AUGUST 2023
SOCIAL MEDIA’S FINE PRINT Who Owns What You Post Online?
WHAT ROLE DOES LICENSING PLAY? Social media platforms like Facebook, Instagram, and the like are only allowed to post your content because you, as the copyright holder, have licensed it to them. Essentially, when you agree to these apps’ terms and services, you consent to their licensing agreements hidden in the fine print most people don’t read. Every time you clicked “I agree” to the terms and services of a social media site, you entered a legally binding licensing contract with that company, allowing them to use your copyrighted content “royalty- free” — meaning if they did sell the material to make money, you won’t see a penny of it. SO, WHO ACTUALLY OWNS YOUR SOCIAL MEDIA CONTENT? This is what we meant by complicated because you own your content by copyright standards. However, at the same time, you have given every social media platform you’re using the permission to use them however they see fit — including for a profit. That means that while Facebook may not be actively poaching the images from your “Samantha Gets Braces” album, you have no legal recourse if you see little Samantha’s beautiful smile in an orthodontics ad on TV or the internet. Unfortunately, deleting your account may not solve the issue. For example, while Facebook agrees that it’ll terminate the agreement when you delete your account, licensing agreements for Instagram and Twitter last forever.
If you use social media, you likely have many photos, videos, or other content posted to your page online. And for some, that’s where it ends — these online sites are a great place to share things with our families and friends. But in today’s digital world, what people post online is equivalent to currency, with some influencers earning hundreds of thousands of dollars per post. When posting on the internet becomes a full-time job, a side hustle, or even just a meaningful place to store precious memories, the question should be asked, “Who actually owns the content?” It’s easy to forget that many of these platforms are, at their core, a business, and they don’t always have your best interests in mind. So if your content would make them thousands of dollars a year by acquiring or appears to be something they could make money by selling or exploiting, do they have that right?
The answer is it’s complicated. To start, let’s go over some copyright basics.
WHAT ABOUT COPYRIGHT? Many people’s first response to whether or not social media platforms can use their content is, “Well, what about copyright?” Technically speaking, the moment you bring an original “work” into existence, you own it. And a “work” is considered anything you write, draw, photograph, or record that is original and unique. But before you think your content is completely safe, you must know that while you own the work, social media platforms can still do what they want. This is thanks to a little thing called licensing.
If you find this information unnerving, we get it. Our advice to anyone worried about their content being stolen, sold, or exploited is simple: If you don’t want to see it in an ad or for someone else to use it for their own purposes, don’t post it.
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What Are Your Rights Regarding Construction? STOP ALL THE RACKET!
FOR HOMEOWNERS Whether your neighbors are building a back deck or renovating their garage, they must perform these activities in a way that doesn’t obstruct or disturb you and your property. Having an open line of communication is vital. You can talk to your neighbor about the noise and ask if they can work during certain times of the day or tell you when there will be loud noises. Additionally, cities and neighborhoods have ordinances that explain when you can make loud noises and when “quiet hours” are in effect. So, if your neighbor or nearby construction is making excessive noises outside the permitted hours, you have the right to file a complaint with your local police department. FOR RENTERS You have limited options as a renter. If construction occurs, you can check
your lease or bylaws to see what hours construction can take place. If you have noisy neighbors who like to renovate their apartment, you can call your police department’s non-emergency line if they are making loud noises during quiet hours and file a complaint with your landlord. Construction can be an inconvenience. Therefore, if you continue to hear noises from your neighbors or construction workers, you can file a noise complaint through your police department’s non- emergency line. However, if your property is damaged because of construction, you have every right to hold the at-fault party responsible and sue. If you have any questions about your rights as a homeowner or renter, please contact a lawyer today for more information. They can guide you in the right direction when attempting to resolve these issues.
During August, it seems like there’s construction everywhere. No matter where you look, dozens of neon orange cones and workers in high-visibility vests! That’s because August is a busy part of “construction season” in most of the country. You’ll experience commuter detours, loud and jarring noises, and even damaged property! But do you have any legal rights when it comes to construction? Can you sue if it becomes too disruptive or causes you to lose sleep? So, whether you have a neighbor who loves DIY projects or if you’re experiencing frequent construction in your area, here’s what you need to know.
A PASSWORDLESS FUTURE? Why Passkeys Are Set to Take Over
Everyone hates passwords. They are complicated, easy to forget, likely to be leaked, and difficult to change.
passkey, there’s no risk of losing your login credentials in a data breach. Further, without a password to enter, a phishing attempt can’t fool you, and no one can access your account by guessing your password. Of course, there are downsides to passkeys. If you lose your device, you must use a backup key to update your accounts. Cross- device compatibility is also tricky. You can use your cellphone to verify your identity on your laptop, but you must enable Bluetooth on both devices and have them nearby. Otherwise, a separate passkey for each device is required. Finally, people who use shared devices should avoid passkeys. Most security experts believe the pros are worth the cons. While Google passkeys will remain optional for the foreseeable future, those who want to improve their security should consider switching now. It’s wise to become familiar with using your passkey across all devices before deleting your password. Technology experts expect more services and platforms to begin offering passkeys soon, and they may become widespread. So, is this the beginning of the end of passwords as we know them? We can’t say for sure, but there’s reason to believe it could be.
Fortunately, the next generation of online security is already here.
Google has introduced passkeys on its accounts, and other companies are set to follow. But what is a passkey, and why is it superior to a password?
While passwords rely on a user creating a unique string of characters to access their account, passkeys tie a user’s identity to a device. Once you create a passkey, the device you signed up with will prompt you with a security message. You then use a preset face scan, fingerprint, or PIN to confirm it’s you trying to access the account. Passkeys don’t transmit a secure code through the internet like passwords do. Your device’s encrypted message to Google (or another service) only confirms that you proved your identity. Google does not store your passkey; it remains securely on your device. There are several security advantages to enabling passkeys and deleting your password. Since Google does not store your
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A CAT’S NOSE KNOWS
How Willow Saved Her Owner’s Life
We all wish our pets would be there for us in an emergency. Dogs, cats, and other animals can accomplish amazing feats when provided with enough love and care, and a cat from Liverpool named Willow recently proved that many times over. A cat’s sense of smell is incredibly effective at detecting when something is abnormal, and Willow used her nose to save her owner in the nick of time.
her blood sugar was dangerously low. Thankfully, her cat, Willow, noticed something was wrong and sprang into action. Willow went to the living room, where Amanda’s husband had fallen asleep watching television. Willow proceeded to bite his leg and jump on him until he woke up around 4 a.m. He could tell something was wrong, as this was abnormal behavior for Willow, so he followed her to the bedroom, where he spotted his wife. She was slumped over and unresponsive, and he immediately called her an ambulance. Doctors informed Amanda’s husband that she was moments away from slipping into a diabetic coma, but Willow had smelled something off and gotten help before it was too late. Most pets would get a few extra treats for their heroism, but Willow’s feats earned her a more prestigious award. The National Cat Awards named Willow as a finalist for their “Moggy Marvels” category. If Willow wins, she’ll receive a trophy, a £200 pet store voucher, and a year subscription to Cats Protection’s “The Cat” magazine. Although Willow likely doesn’t care about the trophy or the subscription, she’ll be happy enough with £200 worth of goodies and her owner safely by her side.
For many with diabetes, falling into a diabetic coma is a constant concern, and they regularly check their blood sugar levels and take insulin shots to avoid that scenario. Amanda Jameson, a 51-year-old woman from Liverpool, received a diabetes diagnosis years ago but had always stayed on top of it. In April 2023, she fell asleep while
TAKE A BREAK
Grilled Halibut With Roasted Red Pepper Sauce
Ingredients
Inspired by: FoodAndWine.com
• 1 16-oz jar roasted red bell peppers, drained • 5 garlic cloves • 1 tbsp sherry vinegar • 2 tsp honey
• 1 tsp kosher salt • 1/4 tsp black pepper • 1/2 cup olive oil • 4 6-oz skin-on halibut fillets
Directions
1. In a food processor or blender, mix bell peppers, garlic, vinegar, honey, salt, and black pepper until smooth. Transfer sauce to a bowl; whisk in oil. 2. Into a large plastic zipper bag, pour 1 cup of sauce; add halibut fillets and seal bag; turn to coat fillets. Let marinate in refrigerator for 20 minutes. Reserve remaining sauce for serving. 3. Preheat a grill to medium-high (400–450 F). Remove halibut from marinade; scrape off excess. 4. On oiled grill grates, arrange fillets and grill, covered, until fish flakes easily, 4–5 minutes per side. 5. Transfer fillets to serving plates or a large platter. Drizzle with reserved sauce. Serve alongside preferred veggies and crusty bread.
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INSIDE THIS ISSUE
Yes, Social Media Companies Can Use Your Posts
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Can You Sue Overly Noisy Construction? Kiss Your Passwords Goodbye
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A Guardian Angel Covered in Fur Grilled Halibut With Roasted Red Pepper Sauce
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Beyoncé Owes the IRS How Much Money?!
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You’re Not Alone When Dealing With the IRS
Even Beyoncé Owes Them Money!
After filing your taxes, a thought that may race through your mind is, “I hope the IRS doesn’t come after me.” Thousands, if not millions, of people are in the same boat — including celebrities. Many celebrities have been in trouble with the IRS, such as Mike “The Situation” Sorrentino, Shakira, Ozzy and Sharon Osbourne, Nicolas Cage, and more. However, we can add another A-List celebrity to this list who filed a petition against the IRS: Beyoncé Knowles-Carter.
$288,549 in penalties for 2019. That’s almost $2.7 million that the “Crazy in Love” artist must pay! Beyoncé filed a petition against the IRS’ claims on April 17, 2023, and asked them to reassess the penalties and amount of taxes she owes. According to Beyoncé’s lawyer, Michael C. Cohen, the singer should get an itemized deduction of $868,766 since she donated to charity in 2018. Beyoncé founded the BeyGood Foundation, an organization created in 2013 that assists others with education, disaster relief, mental health, and other issues. However, at the time of writing, it’s unclear which charities she donated to. Additionally, Beyoncé’s petition states that the IRS allegedly disallowed portions of Beyoncé’s business income deductions, utilities, insurance, management fees, and legal and professional services in 2018 and 2019. Furthermore, Cohen argues that even if she owes any tax deficiency payments, the penalty shouldn’t apply because Beyoncé has “acted reasonably and in good faith.” A court hearing has yet to be scheduled at the time of writing. But the former Destiny’s Child member’s lawyer told PEOPLE magazine that they “are working with the IRS and anticipate that the matter will be resolved shortly.”
On Jan. 18, 2023, Beyoncé received a Notice of Deficiency, which outlined the amount of money she owed to the IRS. The organization estimated the singer owes $805,850 in taxes and $161,170 in penalties for 2018 plus $1,442,747 in taxes and
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