Instagram is Changing Their Terms

[BlackXList]

The backpedal doesn't change anything, I've already deleted my account.

It's good news for those who are still on there, but I've already mentally said goodbye to it

 

[tunalegs]

From a legal standpoint, this is very interesting. In the U.S., copyright transfers have very specific requirements, which are enforceable in a court of law. There is no such thing as a blanket permission to use someone's work - the exact copyrighted item has to be spelled out clearly, except in a work-for-hire relationship.

Except it is not a transfer of copyright, you are granting them license to use your content for their services when you sign up for and agree to their terms of service. As is pointed out in the TOS itself, the creator still holds copyright, not instagram. If the copyright holder does not agree to the terms, they are free to take down their content and leave. That much is pretty standard for any site that allows users to upload pictures.

The problem is that instagram's proposed changes to the TOS seem to have been made with the aim of extending the licensing agreement in such a way that other companies/entities outside of instagram could use images posted to instagram.

 

[sreed2006]

Except it is not a transfer of copyright, you are granting them license to use your content for their services when you sign up for and agree to their terms of service. As is pointed out in the TOS itself, the creator still holds copyright, not instagram. If the copyright holder does not agree to the terms, they are free to take down their content and leave. That much is pretty standard for any site that allows users to upload pictures.

The problem is that instagram's proposed changes to the TOS seem to have been made with the aim of extending the licensing agreement in such a way that other companies/entities outside of instagram could use images posted to instagram.

I am not a lawyer, nor do I even play one on TV. If my post sounded like legal advice, I apologize and retract the post.

Here is my understanding, based on hours and hours of research: Copyright means that you have control over copies of your work. If Instagram can provide to others and/or use your work for commercial gain, that seems to me that they are in control of the copyright, not you. That seems legally indefensible, because of the very nature of copyright law in the U.S. of A. But - maybe their lawyers think it is okay.

 

[sevo]

I am not a lawyer, nor do I even play one on TV. If my post sounded like legal advice, I apologize and retract the post.

Here is my understanding, based on hours and hours of research: Copyright means that you have control over copies of your work. If Instagram can provide to others and/or use your work for commercial gain, that seems to me that they are in control of the copyright, not you.

Nope, that is just plain wrong. There are a few things in copyright that cannot be transferred (except to your heirs), like the authors personality rights or the right to adequate compensation for re-use. But usage rights obviously are transferable, or you'd never hear a song outside a live performance of the composer himself, never see a book not hand-made by its author, and no TV at all (as that is just too complex to do in a collective with one joint copyright)...

 

[tunalegs]

I am not a lawyer, nor do I even play one on TV. If my post sounded like legal advice, I apologize and retract the post.

Here is my understanding, based on hours and hours of research: Copyright means that you have control over copies of your work. If Instagram can provide to others and/or use your work for commercial gain, that seems to me that they are in control of the copyright, not you. That seems legally indefensible, because of the very nature of copyright law in the U.S. of A. But - maybe their lawyers think it is okay.

I would assume their lawyers have looked at it and advised them on how to word the TOS. The way such a TOS works is exactly as they have written, by accepting the TOS you grant them the right to license your content. You retain control of your copyright in as much that you may exit the licensing agreement by deleting your content and closing your account. In other words it is a take it or leave it agreement. If you do not like any part of the terms, then you have to hit the road. So in effect they can claim that you still have control over your copyright, and they are simply in an agreement to license your content.

My disclaimer: I'm not a lawyer but have gone over a fair few contracts in the course of publishing work.

 

[sreed2006]

I believe it best that I not dig myself in deeper on this subject of copyrights.

Instagram can and will get it right, eventually, probably. In the meantime, I'm staing away from it.

 

[jarski]

somehow, the sceptic in me, thinks this was just a test of how far they can push the limits. they must have been prepared for some kind of reaction, even big one, but theres not bad publicity isn't it? would be nice to dump whole FB-camp altogether, only problem to bring some connections to Google+ or LinkedIn.

 

[robert blu]

These are the reasons for which I'm not in FB and do not have an account on Instagram...
robert

 

[Rogier]

Simply unsubscribe...

 

[andersju]

xkcd, "Instagram"


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