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.     

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).     

Acute myoglobinuria as a fatal complication of heroin addiction

A fatal case of myoglobinuria complicating heroin addiction is described. Clinically the patient had no overt symptoms of rhabdomyolysis. Pathologists should be alerted to this rare complication in heroin addicts who die of no apparent cause. The antimyoglobin immunoperoxidase technique is useful in confirming the diagnosis.     

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.     

Restriction fragment length polymorphism analysis of forensic science casework in the People's Republic of China.

Restriction fragment length polymorphism (RFLP) analysis for the purpose of individualization is now being used in casework in the People's Republic of China. This report describes the use of the multilocus minisatellite probe 33.15 to solve three cases, including two homicides and a rape. In the third case, fetal tissue was analyzed to prove that the alleged rapist was, in fact, the father. In each case, analysis of deoxyribonucleic acid (DNA) resulted in a positive match. The probability of chance association of the DNA fingerprint was calculated as 5.6 x 10(-12), which is similar to the figures reported in the literature.     

Family Context and Childhood Adjustment Associated with Intrafamilial Unwanted Sexual Attention

Unwanted sexual attention (UWSA) encompasses unsolicited verbal comments, gestures, stares, and other noncontact behaviors made regarding one's sexuality and physical appearance. The present study examined the correlates and impact of such UWSA perpetrated toward girls by family members. The first objective of the study was to explore whether family climate is associated with intrafamilial UWSA. This included looking at three types of dysfunctional parenting styles (unaffectionate, unavailable, and patriarchal) as well as exploring the co-occurrence of UWSA by adult and child relatives. The second objective was to then measure the impact of such intrafamilial UWSA on childhood emotional health, after controlling for parenting style and the experience of more traditional forms of child sexual abuse (CSA). Of the 296 university women (mean age = 19) who participated in the study, 70% (N = 206) reported UWSA from a family member prior to age 18. Whereas each dysfunctional parenting style was related to presence of UWSA, a simultaneous multiple regression analysis indicated that two of the parenting styles, patriarchal and parental unavailability, also predicted frequency of nonphysical UWSA within the family. Presence of UWSA from a child relative was significantly correlated with presence of UWSA from an adult relative. Additionally, a hierarchical multiple regression, entering the three parenting styles simultaneously in the first step, childhood sexual abuse in the second step, and familial UWSA in the last step, indicated that the frequency of UWSA by family members significantly predicted poorer childhood mental health when controlling for the other variables. Overall, results indicate that while the specific parenting styles which co-occur with UWSA may be detrimental in their own right, the impact of UWSA on girls appears to be above and beyond that of either parenting styles or CSA. Clinical implications are discussed.