Instagram Wants To Sell Users' Photos Without Notice

DavidGilbert99 writes "Many Instagram users have reacted angrily to a proposed change to the apps terms of service by owner Facebook, which would give the social network 'perpetual' rights to all photos on Instagram, allowing it to sell the photos to advertisers without notice — or payment to the user. The new policy will come into effect on 16 January, just four months after Facebook completed its $1bn acquisition of Instagram. It states that Facebook has a right to distribute any content posted on Instagram without paying the user royalties:" Also worth reading Declan McCullagh's take on it.

Get over it already

[rudy_wayne]

Yes, this is a shitty thing to do. So don't use Instagram or Facebook or any of the other "services" that are constantly trying to screw you for their profit. We got along just fine for a very long time without Facebook or Instagram. Time to grow up and move on.

Re:One has to wonder. . .

[isorox]

These are your pictures. You own them. No corporation has the right to use them without your permission just because they are holding them.

Yes they do, you agreed to it in the terms-of-service

Re:Out of Dodge

[slashmydots]

If there's one service online I had to pick that's one of the least respectable and most satired with the doucheyest users, it would be Instagram so you're not missing much. Basically the 2 jokes are "Oh, you used an instagram filter. You must be a professional photographer" and "Can you eat a meal without instagramming it?"

Model rights

[magic maverick]

This is despicable of course. And Instagram/Facebook needs to clearly and loudly (e.g. a click through notice when you login, and every day later until the 16th) explains this change in the ToS, and explains what it means (in plain English, not lawyer speak). But I bet they don't.

Anyway, any pictures with identifiable images of people in them could be a problem for whichever company purchases the image. Because of model rights you know? If an ad is run which has a person who is clearly identifiable, then in most places a model release is required. And I bet you that Instragram doesn't require that photographers have people sign model releases...

Oh, and the blog post [instagram.com]:

Our community has grown a lot since we wrote our original terms of service. To get things up to date for the millions of people now using Instagram, we’re bringing you new versions of our Privacy Policy and Terms of Service.

Here are a few key updates:

• Nothing has changed about your photos’ ownership or who can see them.
         
• Our updated privacy policy helps Instagram function more easily as part of Facebook by being able to share info between the two groups. This means we can do things like fight spam more effectively, detect system and reliability problems more quickly, and build better features for everyone by understanding how Instagram is used.
       
• Our updated terms of service help protect you, and prevent spam and abuse as we grow.

This is just a small preview. Our new Privacy Policy and Terms of Service will be effective on January 16, 2013.

We know these documents are a little dry, but they’re very important. Please take a moment to read through them so you keep feeling comfortable sharing your beautiful photos on Instagram.

A bit of a lie really. The key point from the various articles is:

Instagram does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, except that you can control who can view certain of your Content and activities on the Service as described in the Service's Privacy Policy, available here: http://instagram.com/legal/privacy/ [instagram.com].
Some or all of the Service may be supported by advertising revenue. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you. If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to this provision (and the use of your name, likeness, username, and/or photos (along with any associated metadata)) on your behalf.

http://instagram.com/about/legal/terms/updated/ [instagram.com]

You can express your disapproval of these changes by emailing [e-mail] [mailto].

McCullagh's wife works for Google with options

[cornicefire]

He shouldn't be writing about this without disclosing his conflict of interest. Heck, she shouldn't be writing about this. Google does its own evil things with users' content.

Oh look, Instagram is the new Twitpic

[QuasiSteve]

http://yro.slashdot.org/story/11/05/12/1935205/twitpic-will-sell-your-photos-but-no-cash-for-you [slashdot.org]

Re:One has to wonder. . .

[a_n_d_e_r_s]

Putting pictures on the Internet are publishing them. By uploading the picture on instagram or facebook you are in essence publishing the pictures.

So then it's your fault.

Usage license != model release

[ScentCone]

Just because you've granted a license (through TOS, etc) to a third party, so they can use material for which you still retain the copyrights ... does NOT mean that the subjects in the photos have waived their privacy rights. Third parties looking to use the images commercially (NOT the photographer!) are the ones responsible for having that signed model release in hand, and are the targets for a suit in case of mis-using someone's likeness. Doesn't mean the pissed off subject won't also sue the photographer (because you can sue the proverbial ham sandwich, if you want), but the law is very clear in this area. The party that puts the image to commercial use is the one that needs the release in hand. It's not the photographer's responsibility to obtain it, keep it, or provide it to anyone (unless they've signed a contract with a third party that calls for them to do so ... but that's very specific, professional circumstances).

You're both correct.

[Anonymous Coward]

They won't own them, as the Terms make explicitly clear. At the same time, you "grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service".

So, yes, you still own your photos, and yes, they can do anything they want with them.

Re:Model rights

[Immerial]

Anyway, any pictures with identifiable images of people in them could be a problem for whichever company purchases the image. Because of model rights you know? If an ad is run which has a person who is clearly identifiable, then in most places a model release is required. And I bet you that Instragram doesn't require that photographers have people sign model releases...

Actually their terms covers them...

Under Basic Terms (7, 8)...

1. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
2. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.

and under Rights (4, 8)...

1. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

1. You agree that Instagram is not responsible for, and does not endorse, Content posted within the Service. Instagram does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

Basically they are saying that all the pictures you've posted are supposed to be free of any issues. If they are not, they are not responsible... you are.

Basically, if they get sued, you get left holding the bag.

So not only they can make money off of you, they give you all the risk.

Re:Out of Dodge

[NJRoadfan]

Didn't that line originate from the TV show "2 Broke Girls"?