Do you use Instagram?
Do you use Instagram?
Instagram, like other photo-sharing apps, must obtain consent from its users to legally display their photos online; otherwise, it would be infringing on their copyright. Obvious, right? Maybe, but there’s more to it...
1. The user grants a license
“Instagram does NOT claim any ownership of text, files, images, photos, videos, sounds, musical works, copyrighted works, applications, or other materials (collectively referred to as “Content”) that you post on or through Instagram. By displaying or posting (“posting”) any Content on Instagram, you grant Instagram a worldwide, non-exclusive, royalty-free license to use, modify, delete, add to, produce, publicly display, reproduce, and translate such Content, including, without limitation, the distribution of all or part of the Site in any digital format via any channel...”
Does that mean you still own your photos? In theory, yes, but they can use them whenever and however they want. For now, they use users’ photos for seemingly harmless purposes, such as blog posts and the like, so it would appear that the chances of Instagram using user content for profit aren’t that high. That clause, however, is still there. Not to mention the fact that if you’re on Instagram, you’ve effectively already accepted it.
2. Unless your account is set to “Private”
“...only content that isn’t shared publicly (‘private’) won’t be distributed outside of Instagram.”
Great! But what if you use Instagram to get more and more followers?
3. Representations and warranties...
“The user represents and warrants that (i) he or she is the owner of the Content posted by him or her on or through Instagram or otherwise has the right to grant the license set forth in this section, (ii) the publication and use of his or her Content does not infringe upon any privacy, publicity, copyright, contractual rights, intellectual property rights, or other rights of any person, and (iii) the publication of their Content on the Site does not constitute a breach of any contract between them and any third party. The user agrees to pay any royalties, fees, or other sums of money owed to any person by reason of the Content they post on or through Instagram.”
In other words, don’t take any photos from the internet and then post them on Instagram.
4. Want to read the last sentence of that clause again? Ouch.
“The user agrees to pay any royalties, taxes, or other amounts owed to any person in connection with the Content that the user posts on or through Instagram.”
In other words, Instagram’s operators have their backs covered. They won’t pay a dime if you get into trouble. That’s why it’s best not to get sued (aside from that, for other obvious reasons). If the individual or entity suing you decides to sue Instagram as well (which they likely will, since it’s their service you used), based on this clause, you could end up paying for your own lawyer AND Instagram’s lawyer. All of this, on top of paying damages for the copyright infringement you committed. Ouch? Ouch.
That aside... Instagram is awesome!