The Use of Personal Data in Social Media

At this time, circulates in social networks a message by which users, prohibit to the respective social network to make use of data and personal information. It is important to clarify that legally, this ban is unacceptable and does not have any validity.

In accordance with “Convenio de Berna para la Protección de las Obras Literarias y Artísticas” and “Convención de Roma para la protección de los artistas intérpretes o ejecutantes, los productores de fonogramas y los organismos de radiodifusión”, there are two types of rights from copyright: patrimonial and moral rights.

The moral rights are inalienable and non-transferable, they belong to the author since the creation of the work and they can not be transfered to third parties; moral rights, therefore, belong to the author throughout his life and 50 years after his death. Patrimonial rights (e.g. public communication, distribution, merchandising, edition, translation, adaptation, performance, public availability and others), can be submitted and/or transfered either free or onerous in favour of a third party,  through of an assigment agreement  of patrimonial rights.

Consequently and based on the international treaties, also with the Ley de Derechos de Autor y Derechos Conexos de Costa Rica (Ley 6683), the author can grant the property rights of his work through the subscription of a  physical, electronic, digital or any other legally valid contract. Through the assignment agreement the author agrees that the assignee will have full faculties to act on behalf the patrimonial rights granted in accordance to the Chapter II of the Law 6683.

The assignment agreement shall have the minimum elements of a contract, namely: parties, object, term, price and obligations of the parties (if exist).

Considering the above and based on the subject matter circulating in social media, through opening of an account on a social network (Facebook, Instagram, Snapchat or any other), user subscribes an electronically agreement granting the rights on publications, comments, photographs, posts, pictures and other activities or creations on the social network.

In this sense, the social network has full faculty to use lawfully and as deems appropriate to these publications, reviews, images etc., therefore the property rights public communication, distribution, merchandising, edition, translation at any language, adaptation, performance, public availability were previously submitted

That is the reason why a public or private declaration after the signature of an agreement of said nature in social networks is invalid therefore the user of the social network cannot claim any patrimonial right previously granted, with the only exception of the illegal use of any right that directly affects the integrity of the user.

 

 

Miranda Urbina, Gabriela