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.     

归纳法在判例主义法律推理中的有效性与论证

法律推理既具有逻辑特性又具有法学特性,所以法律推理的有效性也应当分别通过逻辑视角与法学精神进行论证.判例主义法律推理融类比推理、归纳推理与演绎推理为一体,具有良好的自我检验功能.归纳推理在判例主义法律推理中占有重要地位,虽然归纳推理在逻辑上仅仅具有相对的有效性即具有"归纳问题",但在"归纳原理"的作用下至少能够保证推理结论的"概率真理性".     

社会危害性与刑事违法性辨析--重在从"罪刑法定"视角观之

一个时期以来,社会危害性与刑事违法性的争论越来越引起人们的极大关注。社会危害性与刑事违法性是属于两个不同学科、不同领域的问题。在“罪刑法定”原则下,社会危害性更应当回归于犯罪学之中,而在刑法学中用法益侵害和严重的法益侵害取而代之,并且它们只有被明确规定在刑法中才能叫刑法法益侵害。这样规定,不仅剔除了“社会危害性”这一宏观、模糊的、甚至易受主观价值取向改变的犯罪定义标准,而且有利于刑事司法操作。     

Situating the “Cultural Reach” of Cities in a Multiscalar Field

International Journal of Politics, Culture, and Society - On the basis of empirical material from a city bordering Syria and Turkey, this article aims to situate the city’s emerging landscape...     

金融业是“社会经济”发展的“主导力量”

我国参加“WTO”以后 ,对我国冲击最大的应是金融业。我国金融业市场化程度最低 ,但它又在经济社会发展中作用最大。金融业有自身发展的规律 ,它应突破“存、贷、汇”的限制 ,走上以资本经营为主体的更大市场。金融市场的发展在客观上给社会更多的选择余地 ,分散了金融风险。金融风险是市场风险的一种 ,风险并不等于是危机。金融危机大体上有三种类型 :一是支付危机 ,二是股市危机 ,三是汇市危机。只要经济平稳发展 ,政策对头 ,危机一般都可避免。资本市场不宜过早开放 ,应以监管能力的配套为前提     

Chemical Imaging of Human Fingermark by X-ray Photoelectron Spectroscopy (XPS)

X-ray photoelectron spectroscopy (XPS) is a widely used technique to characterize the surface chemistry of materials. It plays a crucial role in accessing qualitative and quantitative information and in detecting the presence of chemical functional groups on the surface of any material. The forensic methods available to detect and identify elements and organic/inorganic compounds are often destructive, so evidence cannot be re-analyzed. However, XPS allows rapid analysis of samples without damaging them. Recently, an increasing number of forensic researchers have begun to study certain chemical information on fingermarks. In this study, the authors aimed to present the applicability and power of XPS imaging in fingermark analysis which can also provide specific information about the fingermark chemical composition. Herein, monochromated X-ray (Al Kα) spot size was fixed at 50 μm. XPS mapping resulted in the acquisition of spectra at each pixel, in an array of 41 × 30 pixels with a step size of 50 μm. Then, a simple discussion has been made about how the scanned surface spectrum and basic snapshot spectra are used to identify different components at a fingertip of a scanned surface area (~3 mm²). Hence, a fingermark pattern contaminated with caffeine, TiO₂, and Pb/PbO deposited on the silicon wafer can be chemically mapped and visualized by XPS using principal component analysis (PCA). Thus, the present study showed the possible applicability of XPS for the identification of illicit drugs of abuse, gunshot residue, and skin care products on latent fingermark by mimicking a crime scene evidence.     

Leviathan resists: the endogenous relationship between privatization and firm performance

Using a panel dataset of privatized cement firms in Turkey, this paper models and finds support for the simultaneous relationship between privatization and firm performance. It is found that favorable short-run performance, weak market potential, higher employment, lower socio-economic development, concentrated voter preferences, and weaker representation of right-wing parties in the firms’ locality delay the timing of privatization. The paper also finds that privatization increases output in the medium-term by reducing the labor stock and promoting the adoption of more advanced technology, such that production shifts from constant to decreasing returns to scale.     

European Union civil society support and the depoliticisation of Turkish civil society

Despite growing critical literature on external funding, the link between EU funding to Turkish civil society organisations (CSOs) and their depoliticisation remains understudied. This article fills this gap. This article explores EU funds in Turkey and shows the incentives it creates for a depoliticised civil society. Drawing on an original set of interviews with 45 CSOs, this article analyses how Turkish CSOs interact with EU funding and how this support impacts on Turkish civil society. This article argues that EU funding’s short-term, activity-based, measurable outcome and visibility-oriented structure contributed to the depoliticisation of those CSOs benefited from EU funds.