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Lv 7

Are people aware of Instagram 'Terms of Service'?

While reading through the October issue of Rangefinder Magazine I saw this information about Instagram and its 'Terms of Service': "First, Instagram's granted a free, perpetual use license, without any right on the part of the user to terminate that license. Those images belong to Instagram forever. Second, the terms of service appear to give Instagram the right to license to third parties for any use whatsoever - at whatever price Instagram can negotiate - but without any right of the user to receive any of that compensation."

Read entire article here: http://digitalmag.rangefinderonline.com/rangefinde...

So what are your thoughts about this?

4 Answers

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  • 8 years ago
    Favorite Answer

    This isn;t anew thing ... in 2011 twittpic did something very similar:

    You retain all ownership rights to Content uploaded to Twitpic. However, by submitting Content to Twitpic, you hereby grant Twitpic a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Twitpic’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in media Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your media from the Service provided that any sub-license by Twitpic to use, reproduce or distribute the Content prior to such termination may be perpetual and irrevocable.

    http://xsreviews.co.uk/news/industry/twitpic-owns-...

    http://www.nytimes.com/2011/05/23/technology/23ter...

    No one reads ToS for anything anymore. Have you read the ToS for the clip art found in Microsoft Office/Word?

    "You must include a valid copyright notice on your products and services that include copies of the Media Elements."

    So ... how many times have you seen a copyright notice on a word document (containing clip art) you've downloaded or received at work? Never right and it's a legal requirement ... it's part of your license with Microsoft for the use of the Clip Art.

    Rights grabs are everywhere now ... hell Lady Gaga wants the rights (full assignment of copyright) to all pictures taken by PRESS PHOTOGRAPHERS at her concerts!

    http://www.jeremynicholl.com/blog/2011/03/07/dear-...

  • 8 years ago

    Back to their old tricks. In January 2013 Instagram announced they would do this and the hue and cry went up to the heavens. Instagram backed off. Seems they snuck in the very same terms in again, this time with much less outrage. See my question from January:

    http://answers.yahoo.com/question/index?qid=201212...

    The Writer posted a link to their then response.

    My thoughts are don't use it. That they would sneak the same terms back into their TOS shows what upstanding a*holes they are. This is another huge reason photographers are having issues making much money - especially those who rely on stock, like I did. Almost any contest, Instagram, newspapers specify that entry or uploading an image into their system transfers all rights to them. People are stupid to participate in any of it.

  • 8 years ago

    Old internet proverb: If it's on the internet, and it's free to use, then you, the user, are the product.

  • 8 years ago

    Good job Edwin. Thank you.

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