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Instagram Now Has The Right To Sell Your Photos - Webmasters - Nairaland

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Instagram Now Has The Right To Sell Your Photos by Slyr0x(m): 8:42pm On Dec 18, 2012
In its first big policy shift since Facebook bought the photo-sharing site, Instagram claims the right to sell users' photos without payment or notification. Oh, and there's no way to opt out.

Instagram said today that it has the perpetual right to sell users' photographs without payment or notification, a dramatic policy shift that quickly sparked a public outcry.

The new intellectual property policy, which takes effect on January 16, comes three months after Facebook completed its acquisition of the popular photo-sharing site. Unless Instagram users delete their accounts before the January deadline, they cannot opt out.

Under the new policy, Facebook claims the perpetual right to license all public Instagram photos to companies or any other organization, including for advertising purposes, which would effectively transform the Web site into the world's largest stock photo agency. One irked Twitter user quipped that "Instagram is now the new iStockPhoto, except they won't have to pay you anything to use your images."

"It's asking people to agree to unspecified future commercial use of their photos," says Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation. "That makes it challenging for someone to give informed consent to that deal."

That means that a hotel in Hawaii, for instance, could write a check to Facebook to license photos taken at its resort and use them on its Web site, in TV ads, in glossy brochures, and so on -- without paying any money to the Instagram user who took the photo. The language would include not only photos of picturesque sunsets on Waikiki, but also images of young children frolicking on the beach, a result that parents might not expect, and which could trigger state privacy laws.

Facebook did not respond to repeated queries from CNET this afternoon. We'll update the article if we receive a response.

Another policy pitfall: If Instagram users continue to upload photos after January 16, 2013, and subsequently delete their account after the deadline, they may have granted Facebook an irrevocable right to sell those images in perpetuity. There's no obvious language that says deleting an account terminates Facebook's rights, EFF's Opsahl said.

Facebook's new rights to sell Instagram users' photos come from two additions to its terms of use policy. One section deletes the current phrase "limited license" and, by inserting the words "transferable" and "sub-licensable," allows Facebook to license users' photos to any other organization.

A second section allows Facebook to charge money. It says that "a business or other entity may pay us to display your... photos... in connection with paid or sponsored content or promotions, without any compensation to you." That language does not exist in the current terms of use.

Google's policy, by contrast, is far narrower and does not permit the company to sell photographs uploaded through Picasa or Google+. Its policy generally tracks the soon-to-be-replaced Instagram policy by saying: "The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services." Yahoo's policies service for Flickr are similar, saying the company can use the images "solely for the purpose for which such content was submitted or made available."

Reginald Braithwaite, an author and software developer, posted a tongue-in-cheek "translation" of the new Instagram policy today: "You are not our customers, you are the cattle we drive to market and auction off to the highest bidder. Enjoy your feed and keep producing the milk."

One Instagram user dubbed the policy change "Instagram's suicide note." The PopPhoto.com photography site summarized the situation by saying: "The service itself is still a fun one, but that's a lot of red marks that have shown up over the past couple weeks. Many shooters -- even the casual ones -- probably aren't that excited to have a giant corporation out there selling their photos without being paid or even notified about it."

Another unusual addition to Instagram's new policy appears to immunize it from liability, such as class action lawsuits, if it makes supposedly private photos public. The language stresses, twice in the same paragraph, that "we will not be liable for any use or disclosure of content" and "Instagram will not be liable for any use or disclosure of any content you provide."

Yet another addition says "you acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such." That appears to conflict with the Federal Trade Commission's guidelines that say advertisements should be listed as advertisements.

Such sweeping intellectual property language has been invoked before: In 1999, Yahoo claimed all rights to Geocities using language strikingly similar to Facebook's wording today, including the "non-exclusive and fully sublicensable right" to do what it wanted with its users' text and photos. But in the face of widespread protest -- and competitors advertising that their own products were free from such Draconian terms -- Yahoo backed down about a week later.

It's true, of course, that Facebook may not intend to monetize the photos taken by Instagram users, and that lawyers often draft overly broad language to permit future business opportunities that may never arise. But on the other hand, there's no obvious language that would prohibit Facebook from taking those steps, and the company's silence in the face of questions today hasn't helped.

EFF's Opsahl says the new policy runs afoul of his group's voluntary best practices for social networks. He added: "Hopefully at some point we'll get greater clarity from Facebook and Instagram."

http://news.cnet.com/8301-13578_3-57559710-38/instagram-says-it-now-has-the-right-to-sell-your-photos/
Re: Instagram Now Has The Right To Sell Your Photos by member14: 9:34pm On Dec 18, 2012
Thank God I say wowo grin

1 Like

Re: Instagram Now Has The Right To Sell Your Photos by Meegadough: 9:36pm On Dec 18, 2012
Wtf!
Re: Instagram Now Has The Right To Sell Your Photos by outrage: 9:39pm On Dec 18, 2012
Shayed abdulkareem
Re: Instagram Now Has The Right To Sell Your Photos by http(m): 9:40pm On Dec 18, 2012
am not only deleting my account on Instagram, am getting out of Facebook, its high time am back to my senses >:

8 Likes

Re: Instagram Now Has The Right To Sell Your Photos by blink182(m): 9:40pm On Dec 18, 2012
Can you just imagine
Re: Instagram Now Has The Right To Sell Your Photos by JLANCE(m): 9:40pm On Dec 18, 2012
hmmn
Re: Instagram Now Has The Right To Sell Your Photos by princechinedu(m): 9:41pm On Dec 18, 2012
Na wah oh...dis one na photo plagarism...
Re: Instagram Now Has The Right To Sell Your Photos by akatonero(m): 9:41pm On Dec 18, 2012
What!!! grin grin grin
Re: Instagram Now Has The Right To Sell Your Photos by Brandnew2(m): 9:44pm On Dec 18, 2012
I now tend to believe that Mark Zukerberg has no respect for people's privacy.

1 Like

Re: Instagram Now Has The Right To Sell Your Photos by lafuria1(m): 9:45pm On Dec 18, 2012
if the photos are sold, will the owner get any money from the sales? if no, time to for people to copyright their pics and sue instagram like apple does to samsung..............
Re: Instagram Now Has The Right To Sell Your Photos by azimibraun: 9:45pm On Dec 18, 2012
Abeg o! Hw dos dis istagram thang work?
Re: Instagram Now Has The Right To Sell Your Photos by Aphrygian: 9:46pm On Dec 18, 2012
Any law student or law practitaitioner in d house?pls is this possible?.if yes pls enlighten me o.
Re: Instagram Now Has The Right To Sell Your Photos by Sunymoore(m): 9:47pm On Dec 18, 2012
Nobody go even by mine sef, but one may buy in order to frigthen his childrn when they misbehave

1 Like

Re: Instagram Now Has The Right To Sell Your Photos by fittty(m): 9:48pm On Dec 18, 2012
Who is instagram? undecided
Re: Instagram Now Has The Right To Sell Your Photos by Purist(m): 9:48pm On Dec 18, 2012
No, Instagram can't sell your photos: what the new terms of service really mean

You agree that a business may pay Instagram to display your photos in connection with paid or sponsored content or promotions without any compensation to you.

That sentence was added to Instagram's terms of service yesterday, sparking widespread outrage — the most panicked analysis claims Instagram just gave itself permission to sell everyone's photos at will. Even the least icky hypothetical scenarios being tossed around are completely icky: your parents leave a comment on a photos of your kid, and five minutes later, they're looking at an ad for a new life insurance policy featuring that same intimate photo of their grandchild. Is this really the future of Instagram?

Well, in a way. But it's a lot more like Facebook's current "sponsored post" system than anything else — there's no way Instagram can up and sell your photos to anyone, and advertisers are fairly limited in what they can do with those photos. Here's what's going on.

THERE'S NO WAY INSTAGRAM CAN SELL YOUR PHOTOS TO ANYONE

Instagram's new terms of service, which go into effect on January 16th, clearly state that your photographs and associated information (like location data) can be promoted by companies without anyone notifying you about the transaction. It's not even hidden in legalese — it's right there in black and white:

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.

Adding to the creep factor, the next section says that Instagram "may not always identify paid services, sponsored content, or commercial communications as such." They're not even going to tell anyone about the ads. Again: icky.

But let's step back for a minute and think about what this actually means. First, like every other company on the web that stores user data, Instagram has always had an expansive license to use and copy your photos. It has to — that's how it runs its networks of servers around the world. And Instagram's existing terms specifically give the company the right to "place such advertising and promotions on the Instagram Services or on, about, or in conjunction with your Content." Instagram has always had the right to use your photos in ads, almost any way it wants. We could have had exact same freakout last week, or a year ago, or the day Instagram launched.

INSTAGRAM HAS ALWAYS HAD AN EXPANSIVE LICENSE TO USE AND COPY YOUR PHOTOS

The new terms actually make things clearer and — importantly — more limited. . .

Read more: http://www.theverge.com/2012/12/18/3780158/instagrams-new-terms-of-service-what-they-really-mean
Re: Instagram Now Has The Right To Sell Your Photos by hydiciousb: 9:49pm On Dec 18, 2012
shocked shocked shocked shocked
Re: Instagram Now Has The Right To Sell Your Photos by member14: 9:50pm On Dec 18, 2012
outrage: Shayed abdulkareem

lipsrsealed
Re: Instagram Now Has The Right To Sell Your Photos by member14: 9:51pm On Dec 18, 2012
fittty: Who is instagram? undecided

Go back to school grin
Re: Instagram Now Has The Right To Sell Your Photos by torres2(f): 9:55pm On Dec 18, 2012
Nonsense
Re: Instagram Now Has The Right To Sell Your Photos by pastie(m): 9:55pm On Dec 18, 2012
No i cant read all this.
Re: Instagram Now Has The Right To Sell Your Photos by slap1(m): 9:56pm On Dec 18, 2012
I don't even have time for those frivolities. . .photo sharing, Instagram. Pfft!
Re: Instagram Now Has The Right To Sell Your Photos by Opoki(m): 9:57pm On Dec 18, 2012
so pathetic, i'll take my time to take a cute picture, upload and someone will just sell it. Instagram koo, Indigo nii.

1 Like

Re: Instagram Now Has The Right To Sell Your Photos by Nobody: 9:57pm On Dec 18, 2012
Delete your Instagram account. Yes a good idea for why do you have to share with everybody this way, let alone give it to Instagram. These buffons think you are the buffoon. Tell em it aint so! Remember Facebook owns Instagram and imposes the same unethical mining on Facebook Delete your Instagram acccount Delete your Facebook account, for your really don't have that many "friends" well in the definition of what a friend truly is Now go delete those accounts! Bye bye Instag-on

1 Like

Re: Instagram Now Has The Right To Sell Your Photos by razznaija(f): 9:59pm On Dec 18, 2012
fittty: Who is instagram? undecided

Which planet have you been living on?
Re: Instagram Now Has The Right To Sell Your Photos by Ibangap: 10:00pm On Dec 18, 2012
شهيد عبدالكريم :


Go back to school grin
I neva knew instagram was now taught in schools. Is it a course? shocked

6 Likes

Re: Instagram Now Has The Right To Sell Your Photos by Revolva(m): 10:02pm On Dec 18, 2012
Who cares about instagram self - I hate that pic application - am sure its exclusive to iphone alone and me no get iphone hehehe na dem sabi
Re: Instagram Now Has The Right To Sell Your Photos by SisiKill1: 10:04pm On Dec 18, 2012
http: am not only deleting my account on Instagram, am getting out of Facebook, its high time am back to my senses >:
Wait. . .there are still FB users out there?!! shocked shocked

Whoa! This must be how anthropologists feel when they meet someone from a civilization they thought was extinct.

Hello. . .How. . .do. . .You. . .do. . .?

My. . .name. . .is. . .Sisi. . . what. . .is . . .yours?!!

I come in peace.

3 Likes

Re: Instagram Now Has The Right To Sell Your Photos by member14: 10:06pm On Dec 18, 2012
Ibanga p: I neva knew instagram was now taught in schools. Is it a course? shocked

No it's a Service After completing your photoshop school. cheesy grin
Re: Instagram Now Has The Right To Sell Your Photos by Deiok: 10:13pm On Dec 18, 2012
This is kind of funny. Who does those slowpoke think they are dealing with fool?. Well i dont even use the freaking istagram or what ever the call it mtwewww.
Re: Instagram Now Has The Right To Sell Your Photos by Decapo(m): 10:15pm On Dec 18, 2012
whadafuck
Re: Instagram Now Has The Right To Sell Your Photos by Goldieluks: 10:17pm On Dec 18, 2012
I don't use that shiit.

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