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...     

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.     

Unruly Practices: Gezi Protests and the Politics of Friendship

In 2013, Gezi Park housed perhaps the most significant democratic protest of the Turkish Republic’s history. The Gezi protests have drawn the attention of many democratic theorists since then. What is surprising about these theorists’ commentaries on Gezi is that in none of them is it possible to find an account of political practices that enabled actors with such different interests and worldviews to act in concert during this moment of popular action. This article argues that to attend fully to the unique features of events such as Gezi, we need to develop an alternative conceptualization of democratic action that brings to light such mediatory political practices. To develop that alternative, I turn to Aristotle and creatively appropriate his notion of “political friendship.” Interpreted as an ethico-political notion, which refers to a set of mediating practices, political friendship becomes a rich conceptual resource that lays bare the dynamics of democratic popular action.     

文莱:2016年回顾与2017年展望

2016年,文莱继续保持多年来的格局,政治社会稳定,人民生活富裕;由于受到国际油价低位徘徊的影响,导致经济没有完成年度计划,呈现了负增长;外交上,根据国家既定的对外政策尽力参与地区及世界上的外交活动.展望2017年,文莱仍然保持这种发展格局.     

The Greying Periphery—Ageing and Community Development in Rural Romania and Bulgaria

The impact of ageing on community well-being has been part of the policy discourse in the West, but it is a relatively new problem for the post-socialist countries in Eastern Europe. This study focuses on the patterns of ageing in rural Romania and Bulgaria, offering a holistic view of vulnerabilities, including persistent rural disadvantages, ageing in the countryside and the post-socialist transformation. Aggregate statistics and community case studies reveal the links between demographic processes and community development. This paper contributes to the country-specific analysis of the ageing European periphery in the context of social cohesion as a fundamental European goal.