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.     

Applying Moral Foundations Theory to the Explanation of Capital Jurors’ Sentencing Decisions

Abstract

This study applies moral foundations theory to capital juror decision making. We hypothesized that binding moral foundations would predict death qualification and punitive sentencing decisions, whereas individualizing moral foundations would be associated with juror disqualification and a leniency effect. Additionally, we considered whether moral foundations can explain differences in death penalty application between conservatives and liberals. Respondents from two independent samples participated in a mock-juror task in which the circumstances of a hypothetical defendant’s case varied. Results revealed moral foundations were strong predictors of death qualification. The binding and individualizing foundations were related to sentencing decisions in the expected ways. Supporting our contention that moral foundations operate differently across different types of cases, heterogeneity in the effects of moral foundations was observed. Finally, we found support for the hypothesis that the relationship between sentencing decisions and conservatism would be attenuated by moral foundations.     

Criticizing the image of the student as consumer: examining legal trends and administrative responses in the US and UK1

There is widespread concern that higher education is being compromised by being turned into a ‘commodity’ to be ‘consumed’. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between ‘commodification’ and ‘consumerism’. Education has always been a commodity to be bought and sold; the true danger lies in the move to a ‘rights-based’ culture where students (and politicians) see education merely as something to be ‘consumed’ rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education.     

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.     

The legislative recreation of RICO: Reinforcing the ``myth' of organized crime

This paper uses historical content analysis to examine the implementation ofthe Racketeer Influenced Corrupt Organizations Act (RICO). It is argued thatthe historical events leading to the definition of organized crime as an alienconspiracy still affect RICO's use some 30 years after its passage. This paper applies state-centered theory to the theoretical frameworks of sociology of knowledge and innovation diffusion. This approach is used to relate the current implementation and controversy of RICO to the alien conspiracy view. Thought of in this context, legal implementation is the result of a knowledge creation and diffusion process. This paper demonstrates how one knowledge diffusionprocess (the acceptance of organized crime as a national conspiracy in 1970) leads to a new knowledge diffusion process (the use of RICO).     

INTRODUCING PERSPECTIVES IN FAMILY LAW AND SOCIAL SCIENCE RESEARCH

This article provides an editorial introduction to the following three related articles on the growing use and influence of social science research in family law. It first considers why this has become problematic and identifies some common strategies used by advocates, sometimes under the guise of scholarship, to destroy the standing of research findings contrary to their ideological or political position. Then it discusses briefly the remedies proposed to mitigate these kinds of problems within the following three articles.