the provisions within the terms of service (‘TOS’) of the social media behemoths of today — Facebook, YouTube, Twitter and the Wikimedia Foundation. In particular, it examines the main provisions that purport to regulate, from a copyright perspective, generative activities on social media sites. This empirical work is undertaken so that the article can shed light on the relationship between the contractual and copyright regimes. To do so, the article identifies the instances where the contractual regime is to some extent aligned with the copyright regime, and further, where there are potential incompatibilities between the two regimes. It also refers to the legal position in the United States, as a result of the nationality of the companies operating the social media sites examined. Additionally, this article makes references to the legal positions in the United Kingdom and Australia, to draw attention to the potential implications of the TOS on social media site users in other jurisdictions. The discussions in the early part of the article lead readers to its conclusion on the appropriate role for TOS, vis-à-vis the copyright regime, in regulating generative activities on social media sites. Its concern is a real one and can serve as a platform for future scholarly contributions to the field, given the worldwide usage of social media sites.
18 December 2014
'Terms of Service on Social Media Sites' by Corinne Hui Yun Tan in (2014) 19(2) Media and Arts Law Review 195-220 considers
14 December 2014
The Productivity Commission has released its 2014 Indigenous Expenditure Report, providing estimates of Australian, State and Territory government expenditure on services provided to Aboriginal and Torres Strait Islander Australians.
- Total direct expenditure on services for Aboriginal and Torres Strait Islander Australians in 2012-13 was estimated to be $30.3 billion, accounting for 6.1 per cent of total direct general government expenditure. Aboriginal and Torres Strait Islander Australians made up 3.0 per cent of the population in 2013.
- Indigenous expenditure increased in real terms by $5.0 billion (19.9 per cent) from 2008-09 to 2012-13, while non-Indigenous expenditure increased by 9.0 per cent. Expenditure per Aboriginal and Torres Strait Islander person increased by 10.3 per cent, and expenditure per non Indigenous person increased by 2.2 per cent.
- Estimated expenditure per person in 2012-13 was $43 449 for Aboriginal and Torres Strait Islander Australians, compared with $20 900 for other Australians (a ratio of 2.08 to 1 - an increase from a ratio of 1.93 to 1 in 2008-09). The $22 550 per person difference in 2012-13 reflected the combined effects of: greater intensity of service use ($15 438 or 68.5 per cent) - because of greater need, and because of the younger age profile of the population higher cost of providing services ($7112 or 31.5 per cent) - for example, because of location, or because targeted services are provided in addition to mainstream services (for example, Indigenous liaison officers in hospitals).
- Total direct expenditure on services for Aboriginal and Torres Strait Islander Australians in 2012-13 was made up of: $24.7 billion (or $35 313 per person) on services where expenditure is directly related to service use (a proxy for 'on the ground' services) $5.7 billion (or $8137 per person) on services where expenditure is attributed on the basis of their share of the population (expenditure in areas such as defence, foreign affairs and industry assistance, which benefits all Australians equally).
- The Australian Government accounted for $14.1 billion (46.6 per cent) of direct Indigenous expenditure in 2012-13 (an increase of $2.4 billion (20.3 per cent) in real terms from 2008-09) with the remaining $16.2 billion (53.4 per cent) provided by State and Territory governments (an increase of $2.6 billion (19.5 per cent) in real terms from 2008-09).
- Mainstream services accounted for $24.7 billion (81.4 per cent) of direct Indigenous expenditure in 2012-13 (a real increase of $5.1 billion (26.0 per cent) from 2008-09) with the remaining $5.6 billion (18.6 per cent) provided through Indigenous specific (targeted) services (a real decrease of $0.1 billion (1.2 per cent) from 2008-09).