Did You Really Think Facebook Wouldn't Turn Your Instagram Photos Into Ads?

Forbes ^ | December 18, 2012 | Robert Hof

[beaversmom]

Instagram just set off a bomb inside its new privacy policy and terms of service. New wording essentially makes it possible to turn people’s photos posted after Jan. 16 using Instagram into advertisements. In other words, that sutro-toned picture of your beloved Lhasa apso freshly coiffed after her grooming might well become an ad for Classy Canine Dog Salon.

The language at issue:

[Y]ou hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, except that you can control who can view certain of your Content and activities on the Service.…

Some or all of the Service may be supported by advertising revenue. 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.

[beaversmom]

Instagram TOS

[bgill]

Simple. Do NOT use FB.

[proxy_user]

“....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.”

But how about people who appear in the photos, who are not Instagram users and did not agree to the TOS? Can they sue?

[beaversmom]

From the article:

Already, angry users are venting loudly. “Answer me @ Facebook and @ Instagram, why do you hate your users so much?” one tweeted this morning. More than that, they’re calling for people to kill their Instagram accounts.

[Hessian]

How long until someone who is unwittingly in the background of an Instagram pic sues for unauthorized use of their image?

I don’t see how I’ve given up the rights to my image if you post a pic of me on Instagram without me knowing about it.... some ugly legal stuff is about to be unleashed.

[beaversmom]

But how about people who appear in the photos, who are not Instagram users and did not agree to the TOS? Can they sue?

Yeah good question.

[kabumpo]

Unfortunately, FB is necessary for work in the area I'm in. My stomach turns over daily with all the Obama worship.

[beaversmom]

Also in the Terms of Service:

“... 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.”

[Mangia E Statti Zitto]

I feel incredibly ignorant, but could someone tell me what Instagram is?

[beaversmom]

It’s a photo sharing site, where you upload the photo and share it. As part of that, you can select a filter to make the photo look a certain way...for example, make it look like an old Polaroid instant. I just found all that out today. :)

[BenLurkin]

Then there’s this...Swedish teens riot over Instagram sex rumours
http://www.thelocal.se/45142/20121218/#.UNB4ZG_AexU

[Dr. Sivana]

Already, angry users are venting loudly. “Answer me @ Facebook and @ Instagram, why do you hate your users so much?” one tweeted this morning. More than that, they’re calling for people to kill their Instagram accounts.

The users are not their customers. Advertisers are their customers. The relationship of users to facebook can be likened to the relationship of chickens to Col. Sanders. Enjoy your feed!

[maranatha]

I have used Instagram since summer and I love it. I see pictures of daily life and country scenes of a woman in Israel, I enjoy many sweet Christian families some are Air Force, a young man in IDF, I happened upon and it gets like family because you see their grandkids, babies, cats, breakfasts, new shoes, odd as that sounds.
I totally deleted my account yesterday after reading their new privacy contract for January (one click and all pictures, comments everything I did is gone).
I was sad afterwards but knew it was the right thing to do. They even say they or business partners see where you go on the web and they store the data they collect. You know Obama government will need it too someday.

[beaversmom]

I was sad afterwards but knew it was the right thing to do.

Oh I bet!

[Moltke]

So basically they appropriate the right to steal your creative work (for their own profit at that).

Have the RIAA and MPAA weighed in yet on this gross copyright infringement? Is this even legal under the DMCA?

Will the Zuckerdork be arrested out of his bed in a pre-dawn no-knock SWAT raid?

Questions, questions...

[tomkat]

Farcebook is evil

Read the EULA

[cripplecreek]

Enjoy your feed!

LOL

However, if FR wanted to do that I would happily give permission for my photos to be used to fund FR.

[Graybeard58]

Simple. Do NOT use FB.

I've been not using Face Book since it started. F.B & Twitter are the C.B. Radios of the 21st century.

Copy that good buddy?

[muawiyah]

Any photographic material used for commercial purposes best have a SIGNED RELEASE from each and every person who can be identified in the picture.

I don't think that part of the law has been changed such that you can just say 'Hey, I got your pic and I can sell it as I wish'. Then there are the members of the Stuntman's Association ~ they have the idea that they can sue and win for enormous sums ~ and they do ~

I have this sinking feeling they used lawyers more familiar with video game intellectual property rights.

[bgill]

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