"Imagine for a moment that the new TOU go into effect, and that some time later, you used Instagram to post a photograph of a professional athlete prior to a sporting event. Under those TOU, Instagram has the right to license that image for advertising purposes, and Instgram is not obligated to share the license fees/royalties with you. Now, it’s bad enough that you’re missing out on sharing in the license fees for the commercial use of one of your images, but under this scenario, the TOU go a step further to add insult to injury. Since you probably didn’t obtain a model release from the athlete featured in your photo, the athlete now has a claim for the use of his or her image in connection with advertising. Under the TOU, however, you, the photographer, who used the Instagram service, are responsible for paying “all royalties, fees, and any other monies owing any person by reason of [photos] you post on or through the Instagram service.” So at the end, Instagram gets to keep the license fees for the commercial use of your photo, and you get to pay the athlete who didn’t sign a model release".
http://aldiazphoto.blogspot.com/2012/12/the-legal-lens-with-samuel-lewis-q.html
