Copyright Law in relation To Instagram in an Era of Digitalization

Abstract

Copyright is essentially connected with the technology evolution and sharing technologies. Nowadays, social media have turned into one of the greatest and most recent conflicts for the copyright legislation and policy. This thesis builds on the analysis of the conflict among copyright and the photos uploaded and shared on social media and especially on a specific platform, called Instagram. The thesis emphasises in analysing the importance of protecting personal images and its connection with the right of personality. Following, it examines the European Copyright Law, and especially the recently adopted Directive 2019/790 and particularly article 17 which is connected to the transfer in intermediary liability and platforms online in relation to copyright safeguarded content which is hosted on online platforms via their users. As mentioned the thesis examines the difference among the rules of copying under the European Copyright Law and communication to the public and the supporting of sharing on online platforms and specifically Instagram. Furthermore, it examines Instagram as a platform, the Terms of Use and Conditions of the platforms, Who owns the photos uploaded on the platform and what rights does the platform gain after accepting its terms and conditions. Finally, it examines copyright infringement and what users of the platform can do in order to be protected when sharing a photo against copyright.