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Fair Use on Instagram: Transformative Self-expressions or Copyright Infringing Reproductions?

Leow Wei Xiang Joel

(2019) 31 SAcLJ 125

The phenomenon of the rise of social media in providing immediate and easy dissemination of digitalised content online has bred a group of innocent private social media “infringers”, especially in Singapore, whose copyright law was not created with such content in mind. This article explores users’ behaviours on Instagram, how their actions onsite could infringe on another’s copyright, and their inability to rely on the fair dealing defence in Singapore. In the spirit of stimulating creativity with creative works, the fifth factor should be removed to facilitate greater access to creative works, and eventually build a robustly cultured public domain.