Social networking conventions and fairness of citation are two different things.

Social networking conventions and fairness of citation are two different things.

In the first place, this agreement is essentially a contract between Twitter and the user, and its contents do not constitute fair practice that should be immediately considered in determining whether or not the content constitutes a citation under the Copyright Act.

It is also insufficient to find that the act of tweeting with a screenshot of another tweet attached constitutes a violation of the terms of this agreement.

On the other hand, while it is possible to use the quote retweet function to indicate the target tweet for criticism, if the original tweet is changed or deleted, the content displayed in the tweet using this function will also be changed, making it impossible to correctly grasp the purpose of the criticism or to examine its validity, etc. On the other hand, if a screenshot of the original tweet is attached to the tweet, such a risk can be avoided and resolved. However, if the original tweet is changed or deleted, there is a risk that the content displayed in the tweet using this function will also be changed, making it impossible to correctly grasp the purpose of the criticism or examine its validity, etc. However, if a screenshot of the original tweet is attached to the tweet, it is understood that such risk can be avoided.

And, according to the pleadings, such an act of tweeting with a screenshot of another tweet attached is currently done in large numbers on Twitter.

In light of the above various points, the method of quotation by attaching a screenshot can also be considered a fair practice under Article 32(1) of the Copyright Act. --- Intellectual Property High Court Decision on April 13, 2023

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