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Legal Commentary

: LawPundit

Are Twitter Tweets Subject to Copyright Protection?

By Andis Kaulins

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At Lexology, Lisa M. Martens and Alexander J.A. Garcia of Fish & Richardson PC in
Can I infringe on your tweet? examine whether tweets might be considered subject to copyright.

They suggest that exceptional truly "original" creative tweets might be copyrightable, but that 99% of the ca. 55 million tweets that go out every day deal mostly with "facts" and are thus probably not protectable by copyright, especially since their length of maximally 140 characters limits creativity greatly. As Martens and Garcia write:

"The "de minimis doctrine" discourages copyright protection if the claimed materials fail to embody a minimal level of creative authorship."

Full post as published by LawPundit on May 25, 2010 (boomark / email).

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