Do you use Instagram?
Do you use Instagram?
Instagram, like other image-sharing apps, must obtain consent from its users to legitimately display their images online, otherwise it would violate their copyright. Obvious, right? Perhaps, but there's more...
1. You grant a License
Instagram does NOT claim ownership of any text, files, images, photos, videos, sounds, musical works, works of authorship, applications, or other materials (collectively, “Content”) that you post on or through Instagram. By displaying or publishing (“posting”) any Content on Instagram, you grant Instagram a worldwide, non-exclusive, royalty-free license to use, modify, delete, add to, publicly perform, publicly display, reproduce, and translate such Content, including, without limitation, distributing all or part of the Site in any digital format through any channel...
Does this mean you still own your photos? In theory, yes, but they can use them whenever and however they want. For now, they're using users' photos for seemingly harmless purposes, such as social media posts. blog and the like, so it would seem true that the likelihood of Instagram using user content for profit isn't that high. That clause, however, is still there. Not to mention the fact that if you're on Instagram, you've essentially already accepted it.
2. Unless your account is set to “Private”
“…only Content that is not shared publicly (“private”) will not be distributed outside of Instagram.”
Great! But what if you use Instagram to get more followers?
3. Declarations and warranties...
“You represent and warrant that (i) you own the Content that you post on or through Instagram or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content does not violate the privacy, publicity, copyright, contract, intellectual property, or other rights of any person, and (iii) the posting of your Content on the Site does not constitute a breach of any contract between you and any third party. You agree to pay any royalties, fees, or other monies owed to any person by reason of Content you post on or through Instagram.”
In other words, don't take any photos from Internet and then advertise it (“post it”) on Instagram.
4. Do you want to reread the last sentence of that clause? Ouch.
“You agree to pay any royalties, fees, or other monies owed to any person by reason of Content you post on or through Instagram.”
In other words, Instagram's owners have your back. They won't pay a cent if you get into trouble. This is why it's best not to get sued (other than that, for other obvious reasons). If the person or entity suing you decides to sue Instagram as well (which they likely will, given that you used their service), based on this clause, you could find yourself paying your own lawyer AND Instagram's lawyer. All of this, in addition to compensation for the damages you caused for copyright infringement. Ouch? OUCH.
Other than that... Instagram is great!