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Instagram says it now has the right to sell your photos

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Re: Instagram says it now has the right to sell your photos

#92

This is going to get interesting. I know several professional photographers who use Instagram regularly (and are worth following). I suspect this will not sit well with some of them. I'm especially curious if Instagram will let people leave and remove their old photos easily. Some of them also post professional images they've imported from their computer ( not just phone images). For example, here's an image taken by…

> Some of them also post professional images they've imported from their computer (not just phone images).

They're the cancer that's killing Instagram

Re: Instagram says it now has the right to sell your photos

#93

I was about to delete my Instagram account when I saw this, but having given it a bit of thought, I'm actually ok with it. Instagram needs to get money from somewhere, and as far as I'm concerned selling my photos is preferable to filling the feeds with ads. However I can see how for a lot of people they'd rather have ads then have their photos sold (especially pro photographers) so it'll be interesting to see how ma…

I don't understand why people have downvoted this yet far more inane comments that are older haven't been downvoted as much (case in point: http://news.ycombinator.com/item?id=4936978). This is an "expressed opinion" - it's not "inane banter" (like this one: http://news.ycombinator.com/item?id=4936806) - yet people have downvoted it because they disagree. It doesn't express the hive mind thus the downvotes rain in. So weird...

Re: Instagram says it now has the right to sell your photos

#94
post #35

So the claim that Instagram is establishing the right to sell your photos is supported in the article with this language: 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." I read this as intended to say "when we display your photos (as part of our own service), we may serve up ads to be display…

You glibly ignore the previous paragraph that references the section which establishes the rights for Instagram/Facebook to do whatever it likes with the Content. And since when is "intent" ever part of US law (especially with regards to IP)...

You seem to argue (by the use of "glibly") that the presence of the transferability clause leaves no other interpretation possible than that that transfer will be for use of user content by third part in return for payment. However, the clause may also be there to allow use of content on other services owned by Instagram's parent.

I was quite explicit that I was giving my read of the intent, not my assessment of what Instagram could legally get away with. The transferability clause does not change my reading of the intent.

Re: Instagram says it now has the right to sell your photos

#95
post #86

Posted some related stories: * [Instagram's suicide note]( http://news.ycombinator.com/item?id=4934271 ) * [Instagram Will Share User Data With Facebook According To Its New Privacy Policy]( http://news.ycombinator.com/item?id=4932765 ) The last one may be more interesting than the usage rights for photos.

Those are both the same HN URL - looks like you mistakenly copied the URL for the 2nd by the 1st. :-)

Re: Instagram says it now has the right to sell your photos

#97
post #90

Earlier quoted context omitted.

It really doesn't seem like a material change to me. Again, IANAL, so if there is some reason to believe these things would be disallowed under the old TOS, I'd like to know, but it sounds fairly straightforward. While Instagram may have had a more difficult case under the old TOS, and may have had to be more careful about the dispensation rather than just doing a blatant "stock photo"-type interface, I could definit…

You granted Instagram a license. Under the old ToS, an entity that wasn't Instagram, say a nightclub, couldn't use your pictures on their own promotional materials, advetising, or site without obtaining a separate license from you, period . This changed.

Right, I'm aware "that changed". I'm not sure that "an entity that wasn't Instagram, say a nightclub, couldn't use your pictures on their own promotional materials, advetising, or site without obtaining a separate license from you" is really true, though. If a night club was working in clear collaboration with Instagram and published your photos on its promotional materials, that would seem to be covered by Instagram's license to replicate your content in "any media formats through any media channels", as Instagram exercised their license to place it there.

As I said, they'd probably have difficulty operating as a blatant competitor to iStockPhoto, but I think if they'd structured things with a modicum of cleverness, their old ToS would allow them to get away with most of what's explicitly covered in the new ToS.

Re: Instagram says it now has the right to sell your photos

#98
post #86

Posted some related stories: * [Instagram's suicide note]( http://news.ycombinator.com/item?id=4934271 ) * [Instagram Will Share User Data With Facebook According To Its New Privacy Policy]( http://news.ycombinator.com/item?id=4932765 ) The last one may be more interesting than the usage rights for photos.

Those are both the same HN URL - looks like you mistakenly copied the URL for the 2nd by the 1st. :-)

There we go, thanks. At least the most important one was the one that was copied. :)

Re: Instagram says it now has the right to sell your photos

#99

This is not new. It seems that their new TOS explicitly lays out that your photos may be used in advertising, possibly due to a new law somewhere requiring specific notification and release, but my understanding is that you'd already given them this right based on this clause: By displaying or publishing ("posting") any Content on or through the Instagram Services, you hereby grant to Instagram a non-exclusive, fully…

Its about how it occurs to the general public. HMers know that if they want to they can use your images, but I have seen people on my Facebook and Twitter saying this is too far and theyre not posting to Instagram anymore.

Re: Instagram says it now has the right to sell your photos

#100
post #66

Since you cannot delete all photo's at once, i deleted my account.

I'm having a real hard time deleting my account, because I used plus addressing in the email when I signed up for Instagram. This is making it impossible for me to log in to the web version of Instagram which is as far as I can tell the only way to delete an account… Suppose I'll have to write support, if there is such a thing.
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