Someone asked an interesting question over on the Known World Discord server this evening, and after I wrote up my answer I thought I should also post it here (lightly edited) in case it was of use to anyone else:
Is sharing posts from individuals […] acceptable by SCA social media rules for official accounts, or is a written release required?
Releases are required when material is “published” by the SCA or its agents — generally these are people who hold officer positions.
My understanding is that you do not need a release to link to something, but you do need a release if you download something and re-upload it. In between those extremes is a spectrum that requires a judgement call.
The rule of thumb I use is to ask “if the original poster deleted their post, would the content still be visible in your share?” If the answer is yes, to my mind you are independently publishing it, and releases are needed.
On that basis, it seems to me that Twitter retweets and Facebook shares are more like links (no release required), and Instagram “regrams” are more like reposting (should have a release) — but that’s just my interpretation; the SCA does not have a written policy that clearly covers this distinction, and I know that other folks in the Society draw the line differently.
Wherever that line is, officers should avoid attempting to “work around” the release rules by asking other people to post material as individual participants for the specific purpose of allowing officers to then re-share it without using a release form.
[Update:] I wrote to the East Kingdom and Society social media officers to confirm that this approach was reasonable, and it seems like it checked out — correspondence below.
[Update:] I also wrote to the Society Publications Manager to suggest an addition to the Release Forms Handbook that would document this for future reference; to date, I haven’t received a reply.
From: Mathghamhain Ua Ruadháin
To: Society Social Media Officer, East Kingdom Social Media OfficerDate: June 14, 2023
Hello,
Earlier this evening, someone asked whether release forms are necessary when material posted to social media by individual participants is re-shared by SCA officers or official social media accounts.
The answer I provided — with clear indications that it was just my understanding, not an official policy pronouncement — was that release forms were not required for engaging with or linking to existing content (such as Twitter retweets, or Facebook shares) but that they were required for cases that produced a new independent copy of that content (such as Instagram regrams).
As I told them, the rule of thumb I use is to ask “if the original poster deleted their post, would the content still be visible in your share?” If the answer is yes, to my mind you are independently publishing it, and releases are needed.
Does this seem like a reasonable way of framing the question, and does it reflect current Society practice?
(For what it’s worth, I believe the distinction I am drawing here parallels US copyright law; for example, I’ve never heard of Facebook shares being counted as copyright infringement, but Instagram regramming does appear to require the consent of the copyright holder.)
This is not just an abstract question for us here in the Crown Province of Østgarðr, as we have an active social media program and do routinely share content created by others on our official channels — if there’s some guidance you can provide as to which types of sharing / republication require use of release forms, that would help ensure that we were in compliance with best practices.
Thank you in advance for any information you can share,
— Mathghamhain Ua Ruadháin
From: East Kingdom Social Media Officer
To: Mathghamhain Ua RuadháinDate: June 14, 2023
As I told them, the rule of thumb I use is to ask “if the original poster deleted their post, would the content still be visible in your share?” If the answer is yes, to my mind you are independently publishing it, and releases are needed.
I do agree with that thought process and think that is a very good way of distinguishing the difference between a share vs independent post. I still would just suggest asking the person who posted it if they are ok with the repost. And of course make sure we are giving credit to the photographer in the caption.
If there’s some guidance you can provide as to which types of sharing / republication require use of release forms, that would help ensure that we were in compliance with best practices.
I believe the way you have stated it previously is a very good way of distinction. I still would say to ask the person that you would be LINKING to if it is ok to do so (just to kinda make sure no conflict will arise and again always credit the photographer if you have that info)
If you are creating a new post independently from the original post or creating a brand new post in general, forms are required. We should always get the photographer’s permission. We should also be getting the model permission when applicable in addition to the photographer.
From: Mathghamhain Ua Ruadháin
To: Society Publications ManagerCc: Society Social Media Officer, Society WebministerDate: June 15, 2023
Hello again!
A question came up recently about whether release forms are required when officers or official accounts “share” content that was originally posted to social media by third parties.
I provided the folks who asked with some informal, unofficial guidance that addressed their questions, but it would be great to have an official answer written down somewhere so that others could refer to it with confidence.
Attached below is a draft proposed addition that could be included in a future version of the Release Forms Handbook to address this uncertainty.
I know that this discussion of sharing and wikis and such is all somewhat far afield from the original use of the Release Forms primarily for newsletters, but I think that clearly addressing these topics is an important part of making sure that the folks who are doing new things in social media can follow the same principles as our more traditional offices.
In service,
— Mathghamhain Ua Ruadháin
Online hosting and social media platforms often provide various ways of sharing third-party content. Engaging with, linking to, or embedding third-party content is not considered publishing, and does not require release forms. For example, release forms are NOT required when an officer or an official account links to a blog post, or “favorites” a TikTok video, or retweets a Twitter post, or embeds a YouTube video
However, forms of sharing that create a new copy of third-party content are considered publishing. For example, release forms are required before an officer or an official account downloads a third-party photo from a blog post and uploads it to a branch website, or uses a social media app to “regram” an Instagram story.
If you are unsure as to whether a form of online sharing would count as independent publication, consider what would happen if the original contributor deleted their initial post — if your “shared” version of the content would still be visible, it is likely an independent publication and release forms are required.