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.     

Child Sexual Abuse Perpetrated by Women: Case Series and Review of the Literature

The literature on child sexual abuse (CSA) perpetrated by female sexual offenders (FSOs) is exiguous, and many studies have focused on judicial databases. The present retrospective study, instead, analyzed clinical and judicial data of a group of both victims and alleged FSOs, to additionally include women who have not been convicted by the criminal justice system, but who hold strong clinical suspicions of being perpetrators of CSA. The medical records and the Court files of 11 children and their eight suspected FSOs have been collected and critically reviewed in light of the literature to date. This approach allowed for a deeper understanding of the relationship between child and FSO. The authors hypothesize that the victims’ severe psychopathological outcomes were a result of a failure to develop appropriate attachments with their prospective caregivers, which could have been damaged by the pathological relationship with FSOs, who were the victims’ caregivers.     

Varieties of corporate social responsibility (CSR): CSR meets the “Nordic Model”

Corporate social responsibility (CSR) is increasingly being promoted as an instrument for global governance to address the regulatory vacuum surrounding transnational business activities and as a method for encouraging business to contribute to sustainable development at the national level. Originally a business-driven, American concept, CSR has now been adopted and promoted by a wide range of governments and multilateral institutions. However, the socio-political model underlying CSR is far from neutral and may conflict with existing models in the societies in which it is introduced. In this article a typology of possible governmental interpretations of CSR is developed, and how CSR is transformed and adapted in its meeting with Nordic governments in order to fit the “Nordic Model” of state-market-society relations is analyzed. The analysis suggests that pre-existing political-economic institutions and cultural norms deeply affect the interpretation of CSR, and that this, when combined with ongoing national political processes, leads to a highly transformed concept of CSR.     

Intractable Conflict from the Bottom Up

Negotiation Journal -     

The post-Leninist state: A conceptual and empirical examination

While it is becoming increasingly evident that the post-Leninist state is experiencing a considerable decline in capacity and strength, Western analysts have been slow to address the situation analytically. This essay examines the reasons for the lack of attention paid to the state by former Sovietologists, and offers a new theoretical perspective on the Leninist and post-Leninist states. The utility of this perspective is subsequently demonstrated by applying it to the case of local government reform in Poland. The inability of the Polish reform to overcome the administrative weakness of the state demonstrates both the seriousness of the problem, and the need for greater “state” consciousness on the part of post-Sovietologists.     

Crime in transition: The post-Communist state, markets and crime

Given that the state was central to the Soviet Communism, the paths and practices of its transformation need to be carefully studied. This article probes the emerging dimensions of a new state-market-crime nexus. It explores processes leading to a substantial merger betweebn the transforming state and new, controlled markets, whereby both are shaped and suffused by state/corporate criminal organized interests. These processes confound the traditional dilemma of `too much' or `to little' state as the state and law are simultaneously undetermined and fortified, dwarfed and augmented, supplanted and made indispensable by the quasi marketization of corruption, crime, security and surveillance. This article serves as an introduction to the papers collected in the present volume.     

Reassessing the family-delinquency association: Do family type, family processes, and economic factors make a difference?

The present study drew on four competing theoretical perspectives to examine the relationship between family structure and juvenile delinquency. Using data from the Add Health Study, the authors examined nonserious and serious delinquent behavior across youth from different types of households and also considered how the association between family structure and delinquency might be conditioned by family processes and economic factors. Results from negative binomial regression analyses indicated that, in general, type of household was not a significant predictor of nonserious or serious delinquency. Rather, maternal attachment emerged as the most important determinant of delinquent behavior among youth from all family types. The results are discussed within the context of Hirschi's original interpretation of social control theory and future directions for research are suggested.     

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...