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 networks have become the latest challenge for copyright law and policy. This article builds on the literature recognises the underlying conflict in between copyright and social networking; namely the fact 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 network platform 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) infringement of copyright protected work on Instagram, and 2) 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.