Simple. Do NOT use FB.
“....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?
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, theyre calling for people to kill their Instagram accounts.
... 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.
Then there’s this...Swedish teens riot over Instagram sex rumours
http://www.thelocal.se/45142/20121218/#.UNB4ZG_AexU
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...
Read the EULA
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.
As if it will just stop with the Instagram content. People have repeatedly poo pooed the notion that this is the power grabs that the heads at Facebook are doing.
They have temporarily rolled back this plan. The legal language will be changed, I suspect that the attempts at ownership will continue.
And some will probably proclaim (such as Snopes) will probably proclaim that because the offending lines have been removed from the current policy, that it was all an unsubstantiated hoax. An inboxer rebellion.
And Big Media proclaims that they aren’t rich enough because of theft on the internet. Meanwhile Big Media continues to take the work of others to sell it without paying the creators or acknowledging their rights.