If you're on the internet today then you've probably noticed that some of your friends and acquaintances are freaking out about Instagram's new terms of service.
Before getting into it, here is a photo I recently took using Instagram! While meandering about the Chicago Museum of Contemporary Art's gift shop I spotted our own John Foster's book: New Masters of Poster Design. It's awesome! Take a moment now to be wildly impressed by John Foster, go look at his website and drawings and writings.
Now....here are some paragraphs on Instagram that are rubbing people the wrong way, and some that I find suspicious after reading the new terms in their entirety:
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, excpet 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/
This paragraph is expanded unter the Proprietary Rights in Content on Instagram section: 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.
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.
If you read a little bit further you will find this paragraph in the Rights section:
4. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
*you can easily find model and property releases through an internet search. have fun getting releases from every person wearing an outfit that deserves to be photographed.
Just in case you run into any major problems, you should be aware that:
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND INSTAGRAM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Included towards the end of the terms:
You may opt out of this agreement to arbitrate. If you do so, neither you nor Instagram can require the other to participate in an arbitration proceeding. To opt out, you must notify Instagram in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Instagram, LLC ATTN: Arbitration Opt-out
1601 Willow Rd., Menlo Park, Ca 94025
Some articles about the changes with helpful information:
"Long story short, the door seems open for Instagram to do exactly what the Web is suggesting it might do. Whether it will be just as bad as what the hive mind believes will happen is an entirely different story – and seems unlikely, given the track record of Facebook and other Web 2.0 services." - WSJ
Will you be terminating your instagram account? Have an opinion about this or other photography related social media outlets and their legal terms & conditions?
We know you do! Please comment, we'd love to hear from you.
We know you do! Please comment, we'd love to hear from you.
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