An analysis of the fundamental tensions between copyright and social media: the legal implications of sharing images on Instagram

ABSTRACT

Copyright is inherently intertwined with the development of technology and none more so than the advent of the Internet and sharing technologies. More recently, social media platforms have become the latest challenge for copyright law and policy. This article builds on the literature that recognises the underlying conflict between copyright and social networking sites (SNSs); namely that the basic implication of copyright is the restriction of copying, whereas the ethos of social networking is the promotion of sharing. In particular, this article focuses on the disparity between the restricted acts of copying and communication to the public under copyright law and the encouragement of sharing on SNS Instagram. In doing so, it contextualises the debate surrounding copyright and social media and provides an understanding of the legal implications of using Instagram. As such this paper analyses (1) the infringement of copyright protected work on Instagram, and (2) the user-agreement and licensing of copyright material on Instagram. This study concludes that the disparity between the principles of copyright and social media lead to confusion and vulnerability of users. Therefore, it is suggested that Instagram should better inform its users of the implications of sharing third-party content as well as the terms of its user agreement. This could be done by implementing a copyright strategy, which includes a notice and takedown system as well as investing in producing educational content for users. Perhaps SNSs, such as Instagram might be more motivated to take steps to recognise intellectual property rights if they were considered Internet Services Provides such as YouTube.     

Postmortem Computed Tomography in Firearm Homicides: A Retrospective Case Series,

Postmortem computed tomography (PMCT) is integrated into the evaluation of decedents in several American medical examiner offices and medicolegal death investigative centers in many other countries. We retrospectively investigated the value of PMCT in a series of firearm homicide cases from a statewide centralized medical examiner’s office that occurred during 2016. Autopsies were performed or supervised by board-certified forensic pathologists who reviewed the PMCT scans prior to autopsy. PMCT scans were re-evaluated by a forensic radiologist blinded to the autopsy findings and scored by body region (head–neck, thoracoabdominal, and extremities). Injury discrepancies were scored using a modified Goldman classification and analyzed with McNemar’s test. We included 60 males and 20 females (median age 31 years, range 3–73). Based on PMCT, 56 (79.1%) cases had injuries relevant to the cause of death in a single body region (24 head–neck region, 32 thoracoabdominal region). Out of these 56 cases, 9 had a missed major diagnosis by PMCT outside that region, including 6 extremity injuries visible during standard external examination. Yet all had evident lethal firearm injury. We showed that PMCT identifies major firearm injuries in homicide victims and excludes injuries related to the cause of death in other regions when a single body region is injured. Although PMCT has a known limited sensitivity for soft tissue and vascular pathology, it can be combined with external examination to potentially reduce or focus dissections in some of these cases depending on the circumstances and medicolegal needs.     

Towards global relational theorizing: a dialogue between Sinophone and Anglophone scholarship on relationalism

Abstract

What is ‘relational theorizing’ in International Relations and what can it offer? This article introduces a thematic section that responds to these questions by showing two things. First, relational theorizing is not a doctrine or a method, but a set of analyses that begin with relations rather than the putative essences of constitutively autonomous actors. Second, relational theorizing has emerged from different geo-linguistic traditions, and a relational approach to International Relations (IR) can offer the language and space for increased and productive engagement beyond Anglophone scholarship. This thematic section takes a significant step in this direction by staging a dialogue between Sinophone and Anglophone scholarship on relational IR theorizing. Such an engagement shows points of comparison and contrast, convergence and divergence. In this way, the essays presented here contribute to developing a more ‘global’ IR.     

DNA Recovery From Tape-Lifting Kits: Methodology and Practice

In the case of suspicious deaths, the technique of 1:1 taping is often used in Belgium. It consists of affixing a large number of adhesive tapes to the body of the victim. It is conventionally aimed at obtaining microtraces (e.g., fibers, hair) and is usually not used for DNA analysis. However, in some cases, DNA analysis of certain areas of interest identified on the 1:1 taping material can offer a last resort solution. The four-step method that is described in this article involves the selection of areas of interest on the body (Step 1), the selection of the corresponding tapes (Step 2), the decontamination of the tapes (Step 3), the selection of areas of interest on the tapes, for DNA sampling (Step 4). The method is illustrated by its successful application in four murder cases. In each case, DNA profiles of good quality could be identified, including profiles of persons different from the victim.     

Race and Ethnicity: Responsible Use from Epidemiological and Public Health Perspectives

While the concepts of race and ethnicity have been abused historically, they are potentially invaluable in epidemiology and public health. Epidemiology relies upon variables that help differentiate populations by health status, thereby refining public health and health care policy, and offering insights for medical science. Race and ethnicity are powerful tools for doing this. The prerequisite for their responsible use is a society committed to reducing inequalities and inequities in health status. When this condition is met, it is irresponsible not to utilize these concepts.     

Zur Berücksichtigung des Denkmalschutzes im Bundeswaldgesetz

Die von Deutschland nach Art. 59 Abs. 2 GG ratifizierten europ?ischen und internationalen übereinkommen zum Denkmal- und Kulturgüterschutz müssen in nationales Recht transformiert werden. W?hrend die L?nder im Rahmen ihrer Kompetenz (Art. 30, 70, 83 GG) Denkmalschutzgesetze erlassen haben, hat der Bund in einschl?gigen Gesetzen wie dem Bundeswaldgesetz den Denkmalschutz bisher nicht berücksichtigt. Dabei ist bei einem Waldanteil von 30% der Wald mit seinen historischen Kulturlandschaften und seinem Waldboden als Archiv der Natur- und Kulturgeschichte von besonderer Bedeutung. Da Deutschland 60 Jahre nach Kriegsende endlich auch ausdrücklich ein Kulturstaat werden soll, ist es an der Zeit, dass die Belange des Denkmalschutzes auch im Bundeswaldgesetz (z.B. §§ 1, 2, 9 oder 11 BWaldG) berücksichtigt werden. Einige Verpflichtungen zum Denkmal- und Kulturgüterschutz sind heute ohnehin bereits V?lkergewohnheitsrecht (Art. 25 GG).     

Roentgen imaging of stab wounds in parenchymatous organs

Stab wounds were made in parenchymatous organs (e.g. liver, spleen, kidneys, lungs) using a variety of instruments. The shape of the resulting canal was investigated by X-ray analysis after introduction of an X-ray contrast medium. The best contrast was obtained using a contrast medium containing barium. The shape of the canal gave a direct representation of the outline of the instrument used. The width of the canal was however, always several millimeters smaller than the corresponding blade of the instrument. The position of the blade back in single-edged blades could be demonstrated with stronger contrast.     

The onset of adult offending: A neglected dimension of the criminal career

The conventional wisdom in criminology is that adult onset of offending is a rare event. Closer examination of the extant literature that use official records, however, reveals that an average of 50 percent of adult offenders initiate offending at age eighteen or older. Although criminological research has investigated late onset offending in adolescence, there is little research on adult onset offending and the correlates of adult offending. Using police contact and interview data from the 1942 and 1949 birth cohort data from Racine, WI, this study investigated the correlates of crime for adult onset and persistent offenders. The results show that employment is the only correlate to affect the probability of adult offending differently for previously delinquent and nondelinquent offenders. This article concludes by highlighting the neglect of research on adult offenders, specifically the large percentage of adult onset offenders, and calling for more research on this topic.