Instagram has recently announced that they will begin selling images uploaded by their users. The sale of these images will generate profit only for Instagram, and will not be passed to the original owner of the image (I say original owner, because Instagram is essentially implying that any image uploaded to their site becomes the property of Instagram.) The images can be sold to be used in advertising without alerting the previous owner, and thus, advertising could be created using a person's image without their knowledge (and without compensation.)
Essentially, this is the bit in their TOS that says this:
Instagram says on their blog:
That sounds fishy, given the statement made in their TOS, though...
They're denying ownership of the content, but claiming that using their service grants them limitless rights to use the uploaded images.
Now, aside from the fact that the very idea of selling such images without alerting/compensating the creator of the image is absolutely reprehensible, there are some serious issues to consider.
One that is glaringly obvious is the fact that Instagram's TOS requires users to be 13 years old or older. A 13 year old cannot be held to a contract. Therefore, accepting such terms are, by law, considered an invalid contract. Instagram suggests that they assume any minor is accepting the terms based on an adult guardian's approval... but that's not much different than selling cigarettes to a 13 year old who claims they're buying them for their mother.
Seriously, how many parents even know their 13-17 year old child HAS an Instagram account, let alone what they post on it?
Furthermore, the issue of the CONTENT posted by a minor on Instagram comes into question.
Ok, that makes sense, right? Right.
HOWEVER, how many duckface cleavage shots are posted on Instagram every day by underage girls? A ton, I assure you (take a look on Google... not hard to find them... please don't post them here, though...)
Is such a thing "sexually suggestive"? Not terribly, no. Not just as an innocent "cute" picture uploaded by a teenager to her own personal Instagram account to share with her friends.
But now we introduce the idea of selling such a picture. When random internet pervs can now BUY that picture, it takes on a bit of a new meaning, I'd say. It's not exactly "kiddie porn", but it's not a terribly wholesome business, either.
Your thoughts?
Essentially, this is the bit in their TOS that says this:
Instagram does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Instagram Services. By displaying or publishing ("posting") any Content on or through the Instagram Services, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Instagram Services.
Nothing has changed about your photos’ ownership or who can see them.
They're denying ownership of the content, but claiming that using their service grants them limitless rights to use the uploaded images.
Now, aside from the fact that the very idea of selling such images without alerting/compensating the creator of the image is absolutely reprehensible, there are some serious issues to consider.
One that is glaringly obvious is the fact that Instagram's TOS requires users to be 13 years old or older. A 13 year old cannot be held to a contract. Therefore, accepting such terms are, by law, considered an invalid contract. Instagram suggests that they assume any minor is accepting the terms based on an adult guardian's approval... but that's not much different than selling cigarettes to a 13 year old who claims they're buying them for their mother.
Seriously, how many parents even know their 13-17 year old child HAS an Instagram account, let alone what they post on it?Furthermore, the issue of the CONTENT posted by a minor on Instagram comes into question.
You may not post nude, partially nude, or sexually suggestive photos.
HOWEVER, how many duckface cleavage shots are posted on Instagram every day by underage girls? A ton, I assure you (take a look on Google... not hard to find them... please don't post them here, though...)
Is such a thing "sexually suggestive"? Not terribly, no. Not just as an innocent "cute" picture uploaded by a teenager to her own personal Instagram account to share with her friends.
But now we introduce the idea of selling such a picture. When random internet pervs can now BUY that picture, it takes on a bit of a new meaning, I'd say. It's not exactly "kiddie porn", but it's not a terribly wholesome business, either.
Your thoughts?
Put your money where your mouth is folks; stick up for yourself and get others to follow suit. If everyone does that, these issues will resolve themselves. Unfortunately, in the society we live in everything is all about instant gratification and free this and free that, mine mine mine! Eventually that kind of thinking is going to come around and bite you in the ass.
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