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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

#42
post #20
post #4

I'm starting to realize that Instagram is not the service I thought it was. I initially thought it was Flickr with social features, but more and more it's turning into Facebook with photos. There is zero content discoveries features, so you have no way to get new followers or find new people to follow. And the top posters are all teenage pop stars that I've never even heard about who post completely uninteresting pho…

As soon as i read that FB was buying Instagram i quit and deleted my Instagram account. It was too predictable that something like this will happen. Mark Zuckerberg is in a horrible position. I bet he would love to just build a cool and useful product. Instead he is damned to roll out all these awful money making features. And quick. Not only for his investors but also for the staff that owns FB stock. How smooth cou…

Trust is earned. Zuck hasn't earned it yet. Not in the eyes of Wall Street.

Look what Bezos had to go through to get where he is today: http://i.imgur.com/2ie9t.png

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

#43

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…

Agreed with aptwebapps. The old TOU, as you correctly say, is pretty standard. Twitter's is similar, and any company with decent lawyers is going to protect themselves with similar wording.

The new TOU, however, heads in a different direction. The phrase "limited license" is gone. It's been replaced with the phrase "transferable, sub-licensable" license. Also new is "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."

Transferable is a very important word. So is sub-licensable. Those were NOT in the old terms of use.

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

#44
post #11

Earlier quoted context omitted.

Sense of decency often loses against profit. That's why I think this quote from RMS is relevant when it comes to the old "if you don't like it, don't use it": "All in all, I think it is a mistake to defend people's rights with one hand tied behind our backs, using nothing except the individual option to say no to a deal. We should use democracy to organize and together impose limits on what the rich can do to the res…

From a much much more cynical view: Democracy was created so the rich could convince a majority to tie the hands of a minority.

Just as laws have the effect of protecting the rich from the poor. I will explain the rationale behind that argument if anyone asks.

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

#46
post #29

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…

Why is he even using Instagram? Doesn't seem like he used any filter there, did he? Seems like he's just using it to promote his own DSLR-made photos. Google+ might be a better target for that kind of community.

His target demographic is on Instagram and not on G+, I'd guess.

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

#47
post #29

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…

Why is he even using Instagram? Doesn't seem like he used any filter there, did he? Seems like he's just using it to promote his own DSLR-made photos. Google+ might be a better target for that kind of community.

It's a distribution channel - one where all the cool kids currently hang out. He could also be on G+ and Facebook and Twitter and Quora and Reddit and MySpace...and...and...

The technology of each is basically irrelevant if there is an attractive audience, as all of us participating on this site clearly demonstrates.

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

#49

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…

I don't think you are correct. The old TOS did not allow them to resell your pics. Also note they are saying your private pics will now be fair game as well. You are correct that the old TOS seems pretty standard, but these changes are not trivial.

This is exactly why TOS should show a diff or revision history. Failing that, there really ought to be an external website documenting changes.

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

#50
post #6

Earlier quoted context omitted.

I bet celebrities will care when their picture unknowingly appears in some ad.

The point about the model release form is interesting. While you can sign away your own rights to your photos, you can't sign away the rights of friends and strangers who appear in them. According to Wikipedia[1]: "Publishing an identifiable photo of a person without a model release signed by that person can result in civil liability for whoever publishes the photograph." [1] https://en.wikipedia.org/wiki/Model_relea…

But wouldn't it mean the user who uploaded the photo is liable, not Instagram? -- I asked off of the Pinterest TOS drama earlier this year: http://news.ycombinator.com/item?id=3660323
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