That sox: Samsung got into water for using David Ortiz of Boston Red Sox's selfie with the Prez. Photo: Getty
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Who actually owns your selfies?

Barack Obama is the president of the United States of America and neither he (nor his image) is supposed to be used to endorse a product.

Samsung’s PR team loves it when celebrities take selfies using the company’s newest smartphones. So when the Boston Red Sox visited the White House on 1 April and the player David Ortiz snapped a cheeky selfie with Barack Obama, Samsung’s US team quickly retweeted the picture. Now that decision could land Samsung with a lawsuit.

Why? Because Barack Obama is the president of the United States of America and neither he (nor his image) is supposed to be used to endorse a product. The White House press secretary, Jay Carney, denied that there was any discussion of a ban on all selfies with the president. But US law gives everyone the right to object to being featured in an advertising campaign without permission.

The problem is that these laws were drawn up at a time when the line between personal photographs and adverts was relatively clear and defined. The federal Lanham Act of 1946 gives consumers a way to sue companies for false advertising, or to protest against unwittingly being used in an advertising campaign. The White House lawyers could argue that Obama wasn’t knowingly endorsing a Samsung phone when he posed for the selfie.

Ortiz says that he didn’t intend for his snap to become a viral marketing campaign, but when the Samsung PR team hit “Retweet” it may also have created grounds for a case against the Korean company.

Samsung could defend itself by pointing out that the selfie doesn’t qualify as an advert – you can’t see the brand of the phone taking the picture, after all – and that in posing for a selfie, you give your consent for your image to be shared in all kinds of unexpected ways. We just don’t have any legal precedents for such a case.

The “Ellen selfie” taken at the 2014 Oscars – that one of actors from the Academy Awards in March – was the nadir of the media’s obsession with a pretty unremarkable fad, but the most interesting aspect of the picture was the one that was most ignored: who owned it? You’d think that Ellen DeGeneres owned it, as it was taken with her phone, but Bradley Cooper pressed the shutter button.

It’s a well-established precedent that it’s the person who takes the picture who owns the rights to it but it was DeGeneres who gave Associated Press permission to republish the shot. She may not have had the right to do so.

Alternatively, perhaps she did have the right, in the way that an artist retains authorship rights over a piece of art even if most of the manual labour that went into making it came from a studio assistant. Such arrangements usually need paperwork to be legally formalised, however.

In this case, Samsung also complicated matters, as it has a big advertising deal with the Academy. A representative for Samsung responded after the selfie went viral to deny that DeGeneres was paid to use a Samsung Galaxy Note to take the picture – although the company was “delighted to see Ellen organically incorporate the device into the selfie moment that had everyone talking” – as if those were words a human being would ever utter.

Again, as in so many issues to do with Twitter, from death threats to online plagiarism, the legal system finds itself one step behind in the internet age. But if this episode leads
to the end of news stories about selfies, would that be such a bad thing?

Ian Steadman is a staff science and technology writer at the New Statesman. He is on Twitter as @iansteadman.

This article first appeared in the 09 April 2014 issue of the New Statesman, Anxiety nation

Artie Limmer/Texas Tech University
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Meet the evangelical Christian persuading believers that climate change is real

Katharine Hayhoe's Canadian missionary parents told her science and God were compatible. Then she moved to Texas. 

During Donald Trump’s presidential campaign, alarm rose with each mention of climate change. Denial, dismissal and repeated chants of “hoax” left no doubt as to his position.

Now President Trump’s withdrawal from the Paris Agreement has been seen as a seminal moment in the fight against climate change - one which many fear could lose the battle ahead of humanity.

But one scientist has been fighting a war of her own on the ground, against those who typically doubt the facts about global warming more than most - the evangelical Christian population of America.

And to make matters even more unusual, Katharine Hayhoe herself is an evangelical Christian who lives in the indisputably "bible belt" of Lubbock, Texas.

The atmospheric scientist has been named one of Time magazine's 100 most influential people and one of Politico’s 50 thinkers transforming American politics. Now she is using her considerable heft to speak to those who are hardest to convince that there is a manmade problem that threatens the Earth’s future.

I meet her at the science and music festival Starmus in Trondheim, Norway, where she is to address the attendees on Thursday in a talk entitled "Climate Change: Facts and Fictions".

Hayhoe was born in Canada, to missionary parents. Her father, a former science educator, showed her that there was no conflict between the ideas of God and science. However, it was something of a surprise to her when she discovered her pastor husband, whom she married in 2000, did not feel the same about climate change. It took her two years to convince him.

What started as a conversation became an organised project when she moved to America's South in the mid 2000s. 

“Moving to Lubbock was a culture shock," she tells me. "When I moved there I wasn’t doing much outreach, but it moved me in that direction.

“Lubbock is very conservative. It’s small and isolated.

“I would say the majority of people in Lubbock are either dismissive or doubtful about climate change. I was surrounded by people - neighbours, parents of friends, people at church, colleagues down the hall in the university - who weren’t convinced.”

So Hayhoe, who works as an associate professor and director of the Climate Science Centre at Texas Tech University, set to work. She began to collect the responses she was seeing to the climate change discussion and prepare her counter-argument.

“When I talk to people who are doubtful, I try to connect with the values they already have," she says. “The greatest myth is the myth of complacency - that ‘it doesn’t really matter to me’.

"But I would say that the second most insidious myth is that you only care about this issue if you’re a certain type of person. If you’re a green person, or a liberal person, or a granola person."

The stereotypes mean that people outside that demographic feel "I can't be that kind of person because that's not who I am", as she puts it.

Hayhoe convinced her husband using data, but rather than repeating a formula, she tries to find out what will resonate with different people: "For many groups, faith is a core value that people share.”

Whether she’s speaking to city planners, water company managers, school kids or Bible believers, Hayhoe says her hook is not the facts, but the feelings.

“I recently talked to arborists," she says. "For them, trees and plants are important, so I connect with them on that, and say ‘because we care about trees, or because we care about water or what the Bible says then let me share with you from the heart why I can about these issues because it affects something that you already care about’.

“My angle is to show people that they don’t need to be a different person at all - exactly who they already are is the kind of person who can care about climate change.”

Hayhoe came to public attention in the United States after appearing in a Showtime series on climate change. She has appeared on panels with Barack Obama and Leonardo DiCaprio, and launched a web series. As well as plaudits, this level of fame has also earned her daily threats and online abuse. 

“My critics think they’re coming from a position of religion, but they aren’t," she says. "They’re actually coming from a very specific political ideology which believes that the government should not have control over people’s lives in any way shape or form - very libertarian, free market, free economy, Tea Party."

She believes that in the United States, faith and politics has been conflated to the point "people can no longer tell the difference". 

“Now it’s conservatism that informs religion," she elaborates. "If the two are in conflict - like the Bible says God has given us responsibility over everything on this earth - then people say ‘oh, we can’t affect something as big as this Earth, God will take care of it anyway’."

Around half of those who attack her on social media identify themselves as Christians, she notes, but almost all call themselves conservatives. 

As a scientist, she’s been preparing data herself - naturally - on her online attackers, with depressingly familiar results.

“As soon as you stick your head out of the trench, you get it. There have been papers published showing that white men disproportionately form up that small group of dismissives. They’re almost all men. When I track my social media comments, I would say that 99.5 per cent of them are white men.

“Out of 1,000 negative comments, I have maybe five from women.”

After the climate change argument moved up a gear - following the Paris withdrawal - Hayhoe admits that she and her fellow scientists are concerned, although she pays tribute to the businesses, cities and states from the US that have committed to following the Paris agreement themselves.

On the subject of the chief white male denier, Trump himself, Hayhoe says she has a discussion point which she feels may convince him to think carefully about his role in the fight against global warming’s impact on humanity.

“I would attempt to connect with the values that he has and show him how acting on this would be in his best interests," she says.

“One guess would be ‘what do you want your legacy to be? What do you want to be known as, the man who destroyed the world, or the man who saved it?’”

Katharine Hayhoe is speaking at Starmus on Thursday June 22. For more details, visit Starmus.

Kirstie McCrum is a freelance journalist. Follow her @kirstiemccrum.

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