Instagram Hulabaloo

[mrlich]

Ok Lazyweb - what's the deal?

I've heard (what sounds like) this same story many times before. As an illustrator, I've heard about just about every place that stores images. Inevitably, the chaos dies down once folks point out that the offending party isn't out to steal your work/images, but rather just protecting themselves legally when they display said images to whoever you want to see them.

How is this Instagram thing different?

Thanks!

Comments

[opadit.livejournal.com]

The new TOS say: [Y]ou 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."

In other words, in exchange for giving you use of their image manipulation software and use of their site to store and distribute your photos, you give them a totally unfettered license to allow third parties to use your username, your face, your images, and your use history in connection with selling their products or services. For example, if you post a photo of yourself with a big grin on your face, Instagram can offer the use of that photo to Pringle's, who may buy a license (from Instagram, not you) to use your face in a Pringle's ad.

Mmm, Pringle's.

Pringle's are innocuous, of course; but it's all fun and games until, say, BP uses your smiling face for a greenwashing ad, or the American Family Association uses it for an anti-gay PR piece, or the Joe Trainor Trio uses it on a CD cover. If they had taken the photo from your own website without permission and compensation, then you could take them to court for copyright infringement and probably some privacy torts as well. But you have zero recourse if they get the photo from Instagram, because you gave Instagram free rein to sell the rights to your photos however they can make the most profit.

[leporidae.livejournal.com]

Last I heard, they reverted back to their original 2010 user terms.