Instagram is Changing Their Terms

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.
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I'm not 100% sure what this means because the comma here could change the meaning completely:

...and/or actions you take, in connection with paid or sponsored content or promotions...
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That is if the comma wasn't there I'd assume what this means is that if say, Nike runs a contest on instagram for the best shoe pic for example, Nike would be able to use the submitted pictures, winner's picture, what have you.
 
http://bits.blogs.nytimes.com/2012/12/17/what-instagrams-new-terms-of-service-mean-for-you/

"A section of the new terms of service, titled “Rights,” notes that Instagram will also be able to use your photographs and identity in advertisements. “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,” the new terms say. This means that photographs uploaded to Instagram could end up in an advertisement on the service or on Facebook. In addition, someone who doesn’t use Instagram could end up in an advertisement if they have their photograph snapped and shared on the service by a friend. Facebook already runs ads that make use of people’s activity on its site."
 
Damaso said:
http://bits.blogs.nytimes.com/2012/12/17/what-instagrams-new-terms-of-service-mean-for-you/

"A section of the new terms of service, titled “Rights,” notes that Instagram will also be able to use your photographs and identity in advertisements. “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,” the new terms say. This means that photographs uploaded to Instagram could end up in an advertisement on the service or on Facebook. In addition, someone who doesn’t use Instagram could end up in an advertisement if they have their photograph snapped and shared on the service by a friend. Facebook already runs ads that make use of people’s activity on its site."
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It is not actually so weird if you interpret it that way. Flickr, Deviantart, Pixiv, et al. all have similar terms. Without them they could not create thumbnails of your work, sharing links, or display your content on their front pages/explore what have you. In other words such sites would be impossible without these kind of terms. But I find the particular wording of the upcoming instagram TOS rather ambiguous in that they don't seem to specify that they are using your content specifically for their services (specifically the services provided by instagram). Unless they've hidden that part somewhere else. The above quote seems to imply that even if your content is used in an ad, it will only appear on instagram or facebook - but the TOS does not seem to specify this.

I do not personally use either for a host of other reasons already.
 
Damaso said:
This means that photographs uploaded to Instagram could end up in an advertisement on the service or on Facebook.
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"In connection with" and "in promotions" makes these terms much more loose than that - there is no limitation to a use on the service at any rate in or near that paragraph. They, or even third parties they cooperate with, could run internet and print ads or TV spots using the picture, and might perhaps even get away with selling it for editorial use as long as they demand that it is only displayed or printed with a Instagram attribution. Which is broad enough that no other agent would touch that picture, so they can dictate their terms whenever they want more.
 
You'll see a mass migration away from posting to Instagram and people will join just to follow whoever is still uploading. Or they will retreat (my prediction) and find some excuse to backpedal.
 
I thought it would be interesting to compare the current wording with the upcoming wording.

old instagram terms said:
1. 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.
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new instagram terms said:
1. Instagram does not claim ownership of any Content that you post on or through the Service. Instead, you 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 as described in the Service's Privacy Policy, available here: http://instagram.com/legal/privacy/.
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You will note that both say basically the same thing, except the new terms do not explicitly state that private content will not be used outside of the instagram services. It may in some round about way be stated in the privacy policy, but I can't be bothered to read through it all - maybe they're expecting that.

old instagram terms said:
2. Some of the Instagram Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Instagram may place such advertising and promotions on the Instagram Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
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new instagram terms said:
2. 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. If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to this provision (and the use of your name, likeness, username, and/or photos (along with any associated metadata)) on your behalf.
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Here again, the current wording specified the instagram services in particular, but the new wording doesn't. Beyond that, these conditions are not really unusual.
 
tunalegs said:
You will note that both say basically the same thing, except the new terms do not explicitly state that private content will not be used outside of the instagram services.


Here again, the current wording specified the instagram services in particular, but the new wording doesn't.
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Ugly. This looks very intentional.
 
newsgrunt said:
You'll see a mass migration away from posting to Instagram and people will join just to follow whoever is still uploading. Or they will retreat (my prediction) and find some excuse to backpedal.
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I don't know. From a Facebook/Instagram perspective, it might be wise to chase off the pros and semi-pros (who'd probably sue whenever their pictures get used, regardless of TOS) and stick to milking the consumers. And I doubt that the latter will move - they did not quit Facebook when they increased the evilness of their TOS either...
 
Damaso said:
"Facebook owned Instagram have made a change to their Terms of Use to include the rights to sell images ‘without any compensation to you’ – Instagram users are able to opt out – must be by Jan 16 2013."

http://www.photoarchivenews.com/ins...ommercial-photo-library-starting-jan-16-2013/

:bang:
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They're desperate to raise revenue through any means they can. They also know that while some people will leave them, a lot of people won't know and won't care.

The whole "social network" fad/scam is unraveling, because human social instincts have evolved for face-to-face communication, not hitting refresh on their browser while on facebook website.
 
Exdsc said:
They're desperate to raise revenue through any means they can. They also know that while some people will leave them, a lot of people won't know and won't care.

The whole "social network" fad/scam is unraveling, because human social instincts have evolved for face-to-face communication, not hitting refresh on their browser while on facebook website.
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This.

10char.
 
Although they don't claim copyright, they take a licence to use our photos for free.

However, for most advertising purposes they will still need model release forms; so the legal situation is actually pretty unclear.
 
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