Songs About Twitter

Dear Rich: I'm a composer looking to set texts from blog/Facebook/Twitter posts. Probably 20-30 words from each post, woven together in a musical work. My question is are posts made on social media sites considered public domain? If not, does fair use come into play here since I'm using so few words from each post and weaving them together into a new and unique work? 
We think you should proceed with your project. Here are some rules to guide the process:
Short phrases are not protected under copyright. That's right, copyright does not protect short phrases. The trouble is that nobody is clear as to how "short"  a short phrase can be. We've written about "protectable brevity" before and as we pointed out, it's not the number of words taken, it's the uniqueness and value of the words as well as the way in which you re-use them. The risk meter generally goes up when you take more than about 20 words.
Fair use may work but ... Even if the posts are protected, your project sounds ideal for fair use protection -- that is borrowing short amounts of verbiage for purposes of commentary or transformative purposes. Of course, we must always point out that fair use is a defense that is raised after you're in a dispute.
Just Sayin' Dept. It's unlikely someone will sue over the use of a tweet or a 20-word Facebook entry but one individual who borrowed Tweets for her own artistic purposes suffered backlash in the marketplace. For the same reason you should avoid posting any tweets or posts that identify an individual and reveal personal information. It's unlikely someone can claim privacy concerns over a Facebook or Twitter post, but if you're seeking smooth sailing, you should avoid that sort of activity.
BTW Dept. There's exciting news for copyright geeks: The Copyright Office has unveiled a searchable fair use database. Check it out.

Posting Cover Songs on Facebook

Dear Rich: I am posting videos of my band on FaceBook using songs that have been written and recorded by others. We are a small-time local band that is inconsequential in the larger scheme of things. I have posted a disclaimer that our band "claims no rights in any copyrighted work represented on this page. For informational purposes only." I saw something you said about YouTube, maybe the same words hold true for FaceBook, but I see versions of famous songs all over the place on both. Covering a song in a video requires a sync license and unfortunately, they're not as easy to obtain as a mechanical license (used to reproduce cover tunes as MP3s or CDs). The reason you see so many unauthorized cover tunes is that the music publishers who own the copyrights don't have the ability to chase every infringer (or choose not to go after an infringer for other reasons). For that reason, you can probably post cover videos at Facebook without getting hassled. But, should your cover video become a sensation, chances are good, a DMCA notice or a lawyer (or both) will appear in your future.
Your disclaimer. As we've said before, disclaimers are usually ineffective (and yours has a few problems). Even if you're not claiming rights in the underlying song, you are probably claiming rights in the copyrighted sound recording and video. That is, if somebody began making money reproducing your video without your permission, we assume you would pursue them. Also, claiming that the video is "informational" is confusing. Typically, such a claim is to distinguish it from being commercial and we don't think that's the case. Self-promotion is typically a commercial endeavor. We think you can ditch the disclaimer.
P.S. All bands are inconsequential in the larger scheme of things

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Wants to Post Movie on Facebook

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Dear Rich: My friend wants to upload a Hollywood movie in four parts so that his family can watch it on Facebook, one-fourth of the movie at a time. I told him that will be seriously illegal based on my limited (lay person) understanding of copyright laws. I cannot find the exact answer to the question. Considering that you and your friend have probably spent a disproportionate amount of time in front of warnings like the one shown here, these PSAs must be classified as epic fail. Yes, copying movies without authorization is an infringement. The punishment for Facebook users fits the crime -- if you're caught, you'll be blocked from uploading videos (usually for about six months). Facebook's user agreement also permits the company to terminate your account (horrors!!) and movie studios can also pursue you if they wish (unlikely). So, if Facebook membership is crucial for your existence, it's best not to risk your online presence for the sake of an illegal download.