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

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Why have men become so lonely – and how does it affect their health?

New findings show the consequences of having a lonely heart.

Go out and get some friends. No, seriously. Hop on the Tube and act faux-interested in the crap-looking book your fellow commuter is reading, even if it's on their Kindle. Chances are it's better than the one in your bag, and they're probably a decent human being and just as lonely, like you and me.

A new slate of facts and figures are showing just how widespread loneliness, is while simultaneously being amazingly terrible for your health.

Research led by Steven Cole from the medicine department at University of California, Los Angeles is showing the cellular mechanisms behind the long known pitfalls of loneliness. Perceived social isolation (PSI) – the scientific term for loneliness –increases the exposure to chronic diseases and even mortality for individuals across the world.

The authors examined the effects of loneliness on leukocytes, also known as white blood cells, which are produced from stem cells in the bone marrow and are critical to the immune system and defending the body against bacteria and viruses. The results showed loneliness increases signalling in the sympathetic nervous system, which is responsible for controlling our fight-or-flight responses, and also affects the production of white blood cells.

Recently, the Movember Foundation, which focuses on men's health and wellbeing, carried out a survey with the help of YouGov investigating friendship and loneliness amongst men. The results are alarming, with only 11 per cent of single men across the spectrum in their early 20s to late-middle age saying they had a friend to turn to in a time of crisis, the number rising to 15 per cent for married men.

Friendship has shown not only to be important to a person's overall wellbeing, but can even add to a person's earnings. A previous study involving 10,000 US citizens over 35 years showed people earned 2 per cent more for each friend they had.

The Movember Foundation survey comes soon after the Office for National Statistics (ONS) showed that men in Britain make up 58 per cent of the 2.47m people living alone between the ages of 45 and 64. The reasons behind this figure include marrying later in life and failed marriages, which usually result in children living with the mother. Women still make up the majority of the 7.7m single-occupant households across all ages in the country, at approximately 54 per cent.

Chronic loneliness seems to have slowly become a persistent problem for the country despite our hyper-connected world. It's an issue that has made even Jeremy Hunt say sensible things, such as "the busy, atomised lives we increasingly lead mean that too often we have become so distant from blood relatives" about this hidden crisis. He's previously called for British families to adopt the approach of many Asian families of having grandparents live under the same roof as children and grandchildren, and view care homes as a last, not first, option.

The number of single-person households has continued to increase over the years. While studies such as this add to the list of reasons why being alone is terrible for you, researchers are stumped as to how we can tackle this major social issue. Here's my suggestion: turn off whatever screen you're reading this from and strike up a conversation with someone who looks approachable. They could end up becoming your new best friend.