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Instagram Says It Has the Right to Sell Your Photos to Advertisers: Fair or Foul?

AdriHead 2012/12/18 20:00:00
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Facebook policy makers really know how to get under people's skin. Acquired by Facebook back in April -- and as its first policy change since the acquisition -- Instagram has recently announced that as of January, it has the right to sell your uploaded photos to advertisers for a profit. Uh, what?

Part of the new Terms of Service, which is effective January 16, 2013, reads "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..."

Sounds pretty serious to us -- and people are already deactivating their accounts and backing up their photos by the hundreds. Do you think Instagram has the right to sell your uploaded photos to advertisers? Or do you think it's as foul as foul gets?

ABCNEWS.GO.COM reports:
Come January Instagram will have the right to sell your photos, and Instagram users aren't taking the news well.
instagram

Read More: http://abcnews.go.com/Technology/instagate-instagr...

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Top Opinion

  • Elaine Magliacane 2012/12/19 00:38:43
    Foul
    Elaine Magliacane
    +14
    I have a lot of original art works post on facebook, even sold a couple via people seeing the painting posted there... if this is true... I know a lot of artists that will be pulling their artwork or watermarking it with copyright notices.... stealing is stealing folks.

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  • Mtg303 2012/12/30 03:05:19
    Foul
    Mtg303
    Use your photographs for advertisements without permission and without royalties, no way.
  • dominique.lomeli.37 2012/12/27 23:05:23
    Foul
    dominique.lomeli.37
    That's horrible they will loose a lot of followers and they won't make much money! Well they lost me!
  • namu 2012/12/26 15:48:43
    Foul
    namu
    if they dont claim ownership of content, how can you sell something? surely if after claiming that you dont own something then sell it, are you not selling "stolen " goods?
    if someone entrusts you with something, then you sell it, cant they be sued for breach of trust? if the buyer then uses said article, media content in this case, are they not breaching copyright laws by using a persons personal imput? since anything we create either verbaly or artisticaly (photos or drawings or music) is owned exclusively by ourselves, unless we sign contracts saying otherwise its breach of copyright?otherwise photographers wouldnt be able to sell their exclusively obtain/taken images would they? a lot of facebook photographs are of slightly crazy antics which we "share" with others, if someone takes said crazy antics picture adds a deflametry remark or caption sugesting the person or persons are acting as the added caption sugests, can they be sued for liable?
  • andrea 2012/12/26 06:26:59
    Foul
    andrea
    This whole fb and internet use and sites can be like very dangerous quick sand that you re unaware of for whatever reason. You trust any of these guys about as far as you can throw them. User beware. Everyone wants their penny or their pound of you no matter how they coat it.
  • Ramón 2012/12/25 17:42:14
    Foul
    Ramón
    The only way to stop this type of mercenary crap is to allow people to copyright their personal information. NO ONE allowed to use or profit from personally copyrighted material except the owner, unless the owner licenses it for use, which should be renewable. In other words, a personal copyright can be licensed for use for 6 months to a year and is NOT automatically renewable, and all rights revert to the individual after that time. No licensed information can be forwarded collected or sold without consent of the owner.
  • polock 2012/12/25 17:35:22
    Foul
    polock
    they did not take the photo, we own our photo's, simple fact !!!!!
  • SPYDER_1455 2012/12/25 09:30:24
    Foul
    SPYDER_1455
    Unless they took any photos I post they own NOTHING!
  • Duane Freemantle 2012/12/24 11:37:43
    Foul
    Duane Freemantle
    Which is the primary reason I don't put any of my photo's online.
  • Cierra 2012/12/23 21:38:12
    Foul
    Cierra
    +1
    Violation! It's my photo! If you want to sell it, you have to ask me first, and if I agree, I should get a cut of the money.
  • namu Cierra 2013/01/03 20:36:03
    namu
    why give someone else permission to sell? sell it direct yourself cut out the middle person, besides do you realy know how many times your works been sold?
  • Scrappyang 2012/12/23 20:04:38
    Foul
    Scrappyang
    Shameless.

    Your only control: 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..."
  • Dave 007 2012/12/22 16:24:45
    Foul
    Dave 007
    Yet, another reason not to use Facebook.
  • Cynthia Wolf 2012/12/22 15:37:06
    Foul
    Cynthia Wolf
    Facebook is sleezy. They lured folks from the start with promises of privacy. Then, every time they update, they infringe on our privacy. Now anyone with a dollar can send me a message or show up in my newsfeed. Every comment or like is shared with all my friends whether or not it's interesting to them. They censor people with different political views. Now they take over Instagram, pick a fight with Twitter, and seek to steal everyone's pictures. I think it's time to see the reincarnation of My Space!!
  • Ryan Keeton 2012/12/22 05:08:17
    Foul
    Ryan Keeton
    They're supposed to ask permission to use your content for adds. Putting it in the terms of service no one reads is messed up. I've been contacted by people before asking to use a comment i posted in an ad, I said yes but it would have been lame if they could just take it and use it without specific permission. I've never used instagram though, never will.
  • ☆stillthe12c☆ 2012/12/21 20:12:13
    Foul
    ☆stillthe12c☆
    From what I heard the other day they backed off on this.
  • patrick.bonacoscia 2012/12/21 17:54:40
    Foul
    patrick.bonacoscia
    +1
    law suits in view....
  • Nicole 2012/12/21 00:08:43
    Foul
    Nicole
    why don't they give money to the users they choose to send to advertisers. If they used my pics if I had a instagram which I do not and glad I don't. I would greatly appreciate some cash money back from them in exchange for posting my pics on websites.
  • kevinlim 2012/12/20 23:12:52
    Fair
    kevinlim
    Well really i say its foul but now at least people know what piracy feels like, of course the difference is that big studios still make a lot of money but still
  • ilikewater kevinlim 2012/12/21 02:15:53
    ilikewater
    Not sure if you meant to click foul but you picked fair.
    This is very different than pirating music and movies/tv. Photos are very personal and private, unlike movies which are not at all private or personal unless of course it's a sex tape or home movie, but most of the time those are leaked by the people in them and people don't pirate home movies unless they're creepy.
  • kevinlim ilikewater 2012/12/25 14:04:32
    kevinlim
    Oh well i guess i didnt think of it that way. Like for serious Im not being sarcastic
  • silentart 2012/12/20 20:31:33
    Foul
    silentart
    Instagram and Facebook must ask picture takers first and make deal before selling to advertiser...
  • Lupe Hickey 2012/12/20 19:26:10 (edited)
    Foul
    Lupe Hickey
    +2
    What! Next thing you know we're going to have register a trademark for our backside because companies will want to make a profit in that! Legally, we need to rethink what is public domain and what is not. Users need to rethink what we post now on Facebook.
  • t.eliot, topbard 2012/12/20 16:57:24
    Foul
    t.eliot, topbard
    +2
    An outrage.another good reason to avoid Facebook like the plague it is.
  • Colin 2012/12/20 14:29:51
    Foul
    Colin
    Foul...another insance of the 'strong' oppressing the 'weak'.
  • Tre 2012/12/20 14:00:16
    Foul
    Tre
    +1
    Instagram is about to fold with that announcement.
  • Jim 2012/12/20 08:36:03
    Foul
    Jim
    +2
    Simple solution. All people drop out of Facebook. Result, no more Facebook.
  • click1695 2012/12/20 07:30:13
    Foul
    click1695
    just cause i'm attractive doesn't man you can steal my pictures for free
  • nicesteve 2012/12/20 07:28:00
    Foul
    nicesteve
    The only for that to be fair is if Instagram / Facebook is reasonable and fair
    about generously sharing any and all profits and royalties with their posters.
  • Jenny Barra 2012/12/20 06:41:32
    Foul
    Jenny Barra
    O.O I think that's kinda creepy... Just give away photos.. dafuq IG. They should at least inform you if your photo wants to be sold.. NO. THEY SHOULD ASK IF IT'S OKAY TO SELL YOU PHOTO. What if they sell a photo of you to someone who's gonna blackmail you or something. what if your 14 and they sell it to some pedophile. JEEZUS PEOPLE REALLY??
  • Dweezle 2012/12/20 06:10:18
    Foul
    Dweezle
    However if their terms of service states using their site implies release of copyright and ownership, then I understand they are within their rights, and few people read TOS.
  • Nichole 2012/12/20 06:01:35
    Foul
    Nichole
    I just joined Instagram a few months ago, but I may be deleting my account. This is ridiculous.
  • mskarlie 2012/12/20 04:43:11
    Foul
    mskarlie
    +1
    I don't think its fair, its a violation of privacy and we wont get a share of the money
  • 2012/12/20 03:56:07
    Foul
    +2
    And this is why I don't Facebook... PERIOD!!!
  • techman 2012/12/20 02:50:40
    Foul
    techman
    It surely is foul, even if they make it legal.
  • me 2012/12/20 01:43:34
    Foul
    me
    If it fair for Intsagram to sell personal and private photos of people that use their service, it would seem logical that people can sell Instagram items that have been sent to anyone.....
  • JBP 2012/12/20 01:41:17
  • Adriana Pacheco 2012/12/20 00:52:45
    Foul
    Adriana Pacheco
    Yeah Right I don't want an app taking and getting money for MY pictures! The app is free and has no right to do so.
  • macy 2012/12/20 00:11:22
    Foul
    macy
    +1
    Ever heard of privacy?
  • aleksandr savchenkov 2012/12/20 00:04:44
    Fair
    aleksandr savchenkov
    Don't like it? Don't use it
  • Sunny 2012/12/19 23:56:39
    Foul
    Sunny
    +1
    I for one will not be posting anymore pictures on facebook not of family anyways.
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