Please use this identifier to cite or link to this item: http://bura.brunel.ac.uk/handle/2438/16597
Title: An analysis of the fundamental tensions between copyright and social media: The legal implications of sharing images on Instagram
Authors: Bosher, H
Yesiloglu, S
Keywords: Copyright;Copyright infringement;Photographs;Social media;Instagram;Image sharing
Issue Date: 2018
Publisher: Taylor & Francis
Citation: International Review of Law, Computers and Technology
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; 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 social networking site 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 social networking sites, 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.
URI: http://bura.brunel.ac.uk/handle/2438/16597
DOI: http://dx.doi.org/10.1080/13600869.2018.1475897
ISSN: 1364-6885
http://dx.doi.org/10.1080/13600869.2018.1475897
Appears in Collections:Dept of Politics, History and Law Research Papers

Files in This Item:
File Description SizeFormat 
FullText.docx108.07 kBMicrosoft Word XMLView/Open


Items in BURA are protected by copyright, with all rights reserved, unless otherwise indicated.