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.     

Antrag auf Zwangsversteigerung aufgrund unechten Fremdwährungstitels hat auf europäische Währung zu lauten

Bei der Zwangsversteigerung einer Liegenschaft zur Hereinbringung einer Geldforderung in der Fremdw?hrung von Staaten, die nicht der Europ?ischen Union oder dem Europ?ischen Wirtschaftsraum (Drittstaaten) angeh?ren (in casu: US-Dollar), hat der betreibende Gl?ubiger schon im Exekutionsantrag wegen des Verbots von bücherlichen Eintragungen auf W?hrungen von Drittstaaten (Art I § 5 Abs 3 1. Euro-JuBeG) eine Umrechnung der betriebenen Forderung in Euro vorzunehmen. Eine amtswegige Umrechnung durch das Exekutionsgericht findet nicht statt. Ein Verbesserungsverfahren zur nachtr?glichen Umrechnung ist wegen der rangbegründenden Wirkung der Anmerkung der Einleitung des Zwangsversteigerungsverfahrens dann nicht zul?ssig, wenn der Exekutionsantrag beim Buchgericht eingebracht wird.     

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...     

A: Reviews: General

AN INTRODUCTION TO THE HADITH. By John Burton. (Islamic Surveys.) Edinburgh, Edinburgh University Press, 1994. 210 pp. £39.95 (hb); £16.95 (pb).

POLITICS, GENDER, AND THE ISLAMIC PAST: THE LEGACY OF ‘A'ISHA BINT ABI BAKR. By D. A. Spellberg. New York, Columbia University Press, 1995. 250 pp. $35.00.

MEDIEVAL ISMA'ILI HISTORY AND THOUGHT. Edited by Farhad Daftary. Cambridge, Cambridge University Press, 1996. 331 pp. £40.00

THE THRONE CARRIER OF GOD: THE LIFE AND THOUGHT OF ‘ALA’ AD‐DAWLA AS‐SIMNANI. By Jamal J. Elias. Albany, State University of New York Press, 1995. 260 pp. $16.95

OTTOMAN SEAPOWER AND LEVANTINE DIPLOMACY IN THE AGE OF DISCOVERY. By Palmira Brummett. (SUNY Series in the Social and Economic History of the Middle East.) New York, State University of New York Press, 1994. xvi, 285 pp. 2 maps, 7 plates. $19.95.

HAIFA: TRANSFORMATION OF AN ARAB SOCIETY, 1918–1939. By May Seikaly. London, I. B. Tauris, 1995. 284 pp. £39.50 (hb).

THE FORMATION OF MODERN SYRIA AND IRAQ. By Eliezer Tauber. London, Frank Cass, 1995. 427 pp. £30.00 (hb); £15.00 (pb).

IRAQ: POWER AND SOCIETY. Edited by Derek Hopwood, Habib Ishow and Thomas Koszinowski. (St Antony's Middle East monographs, 29.) Reading, Ithaca Press, 1993. viii, 400 pp. £30.00.

SECRET WAR IN THE MIDDLE EAST: THE COVERT STRUGGLE FOR SYRIA, 1949–61. By Andrew Rathmell. London and New York, I. B. Tauris, 1995. 256 pp. £39.50.

LEBANON: A SHATTERED COUNTRY. By Elizabeth Picard. Translated from the French [Liban: État de discorde] by Franklin Philip. New York and London, Holmes & Meier, 1996. xii, 202 pp. £29.95.

THE ISLAMIST DILEMMA: THE POLITICAL ROLE OF ISLAMIST MOVEMENTS IN THE CONTEMPORARY ARAB WORLD. Edited by Laura Guazzone. Reading, Ithaca Press, 1995. 390 pp. £45.00.

ISLAM AND THE MYTH OF CONFRONTATION: RELIGION AND POLITICS IN THE MIDDLE EAST. By Fred Halliday. London and New York, I. B. Tauris, 1996. 256 pp. £35.00 (hb); £12.95 (pb).

THE MIDDLE EAST IN THE NEW WORLD ORDER. Edited by Haifaa A. Jawad. Basingstoke, St Martins Press/Macmillan, 1994. viii, 154 pp. $35 (hb).

CONFIDENCE BUILDING AND VERIFICATION: PROSPECTS IN THE MIDDLE EAST. Edited by Shai Feldman. (Jaffee Centre for Strategic Studies Study, 25.) Published jointly by the Jerusalem Post and Westview Press, Boulder, 1994. 255 pp. £28.50 (hb).

CHILDREN IN THE MUSLIM MIDDLE EAST. Edited by Elizabeth Warnock Fernea. Austin, University of Texas Press, 1995. xviii, 477 pp., photographs. $22.50 (hb).

THE HISTORY OF THE MAZRU'I DYNASTY OF MOMBASA. By Al‐Amin Bin ‘Ali Al Mazru'i. Translated and annotated by J. McL. Ritchie (Union Académique Interna‐tionale/Fontes Historiae Africanae: Series Arabica XI.) Published for the British Academy by Oxford University Press, 1995. x, 182, 76 pp. £27.50 (hb).

AN INTRODUCTION TO ARAB POETICS. By Adonis. Translated from the Arabic by Catherine Cobham. London, Saqi Books, 1990. 108 pp.

ANTHOLOGY OF MODERN PALESTINIAN LITERATURE. Edited by Salma Khadra Jayyusi. New York, Columbia University Press, 1992. 744 pp. $34.95.

THE EYE OF THE MIRROR. By Liana Badr. Translated by Samira Kawar. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 264 pp. £8.95 (pb).

THE GOLDEN CHARIOT. By Salwa Bakr. Translated by Dinah Manisty. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 193 pp. £ 8.95 (pb).

THE STONE OF LAUGHTER. By Hoda Barakat. Translated by Sophie Bennett. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 231 pp. £ 8.95 (pb).

AL‐KITAAB FII TA'ALLUM AL‐'ARABIYYA (A TEXTBOOK FOR BEGINNING ARABIC). By Kristen Brustad, Mahmoud Al‐Batal and Abbas Al‐Tonsi. Washington, DC, Georgetown University Press, 1995. Introduction 224 pp., textbook 480 pp., videotapes, cassettes.

DAS MUTAFI‐LAZISCHE. Edited by Silvia Kutscher, Johanna Mattissen and Anke Wodarg. (Arbeitspapier, Nr. 24, Neue Folge.) Köln, Institut für Sprachwissenschaft Universität zu Köln, 1995. 136 pp.

GRAMATIKA JEZYKA KRYMSKOTATARSKIEGO. By Henryk Jankowski. (Seria Jezykoznawstwo, Nr. 15.) Poznań, Uniwersytet Im. Adama Mickiewicza, 1992. xviii, 455 pp.

CULINARY CULTURES OF THE MIDDLE EAST. Edited by Richard Tapper and Sami Zubaida. London, New York, I. B. Tauris, 1994. 302 pp. £34.50 (hb).     

Political Parties and Grassroots Clientelist Strategies in Urban Turkey: One Neighbourhood at a Time

Both principal Turkish political parties make extensive use of patron–client networks, but in very different ways. The CHP relies on competing local brokers and synchronous vote buying. The AKP is at the centre of a network of public and private funding turning social policy to clientelist ends. Socially anchored AKP activists link the party to voters, allowing it to target social assistance for political advantage and take credit for improvement in local conditions. The case presented in this paper provides a natural experiment suggesting that this distinction is an important explanation for the AKP’s electoral success in low-income urban areas.     

Turkey and Russia in a shifting global order: cooperation,conflict and asymmetric interdependence in a turbulent region

The current global political economy is characterised by the intensifying economic interaction of BRICS and ‘near BRICS’ economies, with emerging powers increasing their influence in neighbouring regions. The growing partnership between Turkey and Russia constitutes a useful case study for examining this transformation, in which Western supremacy and US hegemony are under increasing challenge. Turkish–Russian relations shed light on broader themes in global political economy. First, significant economic interdependence may be generated among states with different political outlooks, in the form of loose regional integration schemes driven by bilateral relations between key states and supporting private actors or interests. Second, growing economic interdependence may coexist with continued political conflict and geopolitical rivalry, as indicated by the Syrian and Ukrainian crises. An important strategy that emerges is the tendency to compartmentalise economic issues and geopolitical rivalries in order to avoid negative spill-over effects. This facilitates the coexistence of extensive competition with deepening cooperation, as reflected in relations in the field of energy.     

From Communal Patriotism To City-State Chauvinism: Transformation of Collective Identities in Northern Italy, 1050–1500

At the turn of the first millennium, the rise of autonomous communes and city-states in northern Italy coincided with the development of a particular sense of attachment to land and city, which is widely labeled as civic patriotism. Neither the transformation of these collective identities across time nor the macrostructural dynamics behind this transformation has received much attention. Through an examination of these communes and city-states from the eleventh to the sixteenth century, this paper unpacks different forms of collective identities that prevailed in northern Italy in different periods of time, all of which have previously been labeled as “patriotism” in the literature. The differentiation I propose between “communal patriotism,” “civic nationalism,” and “city-state chauvinism” presents a more nuanced picture which highlights the differences in the ways these collective identities are produced, reproduced, and transformed. My analysis also discusses the role played by macrostructural dynamics (e.g., changing climate in the macropolitical economy as well as inter-city-state system in the peninsula) in transforming these collective identities. Alongside a longue durée evolutionary transformation, there were two conjunctural moments which created ruptures in the transformation of collective identities in northern Italy: The first took place during the territorialization of the communes and the conquest of the contado in the mid-twelfth century and the second occurred in the aftermath of the crisis of the fourteenth century.     

LEARNING FROM SUCCESS: ARE SUCCESSFUL GOVERNMENTS ROLE MODELS?

Do local governments learn from their successful peers when designing public policies? In spite of extensive research on policy diffusion and learning, there is still a lack of studies on how success relates to learning patterns. We address this deficiency by examining which other governments local administrative units draw lessons from. More precisely, we investigate whether public managers learn from the experiences of local governments whose citizens are satisfied with government services. Using a large dyadic dataset on all Swedish municipalities from 2010, we find that senior public managers in local administrations learn from similar local governments and from neighbours. But we also find clear evidence that they learn from local governments whose citizens are pleased with local public services. This indicates that best practices are spread among local governments.