Instagram shocked users with an update to its terms of service that will let the company sell users’ photos to other companies.
Instagram’s New Terms of Use
The new terms of use, effective January 16, includes a controversial change in users’ rights section.
“A business or other entity may pay” Instagram to display users’ photos and other details “in connection with paid or sponsored content or promotions, without any compensation to you.”
Yes, you read that correctly.
Based on the written terms, as of January 16th, 2013, Instagram can sell your {read: our} photos to companies, and not pay us a dime.
Can You Opt-Out of The New Instagram Terms?
No.
If the terms are not changed, effective January 16th, 2013, if you have not deleted your Instagram account, you are giving Instagram permission to sell your photos to companies, and they will not be required to pay you a dime. You will be granting Instagram a “limited license” for use of your content.
If the terms are not changed by January 16th, 2013, and you continue to post your photos to Instagram, you are accepting these new terms of usage.
Can I Somehow Bypass the New Instagram Terms?
The only way to effectively “opt-out” of these new terms is to delete your Instagram account.
Further, the new terms state that you will waive your rights to a class-action lawsuit or class-wide arbitration. In this, Facebook is protecting itself from your having an issue with these terms and suing them, as a group. As a group, individuals can pool their financial and legal resources to make a larger impact. In most cases, if you sue as a group and win, Facebook will have to pay every Instagram user who falls within the class who is suing. Instead, the terms require that if you have a problem with the execution of these new terms, you must file a lawsuit – as an individual. Based on this, it would be much easier for Facebook to “take you down” by having your case dismissed as an individual who “agreed to the terms of usage”.
Do The New Terms Apply to The Photos of Minors?
Yep.
“If you are under the age of eighteen… you represent that at least one of your parents or legal guardians has also agreed to this provision.”
Let’s see how many parents actually say, “Yes”.
And when you think about the number of parents who would actually saying “Yes” to this, think about the number of children under the age of eighteen who would actually ask.
Yeah. Think about that.
What If My Instagram Account Is Private?
Well, that sort of matters…
“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/.
Fine. I’ll Make My Instagram Account Private. Duh.
That’s good for you.
But…
Except as otherwise described in the Service’s Privacy Policy, available at http://instagram.com/legal/privacy/, as between you and Instagram, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Instagram is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Instagram in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Instagram, and Instagram will not be liable for any use or disclosure of any Content you provide.
And should Instagram find an “issue” with anything you’ve posted, based on their own definition of whatever that “issue” might be… according to their terms… on any given date or time, they can terminate your account.
Violation of these Terms of Use may, in Instagram’s sole discretion, result in termination of your Instagram account.
Where things get interesting is that, even if Instagram terminates your account, they can do what they want with your content. The rights they granted to you, are no longer your rights.
Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
Give It To Me Straight. I Don’t Like To Read.
Well, if Instagram really wanted to use your content, whether or not your account is private or not, they could. They could simply terminate your account at any time, and keep the content that exists, and use that content as they please.
Oh. And you could only gain access your content with a court order.
Hey! Don’t shoot the messenger.
Will The New Instagram Terms Be Changed Before January 16th?
Probably.
Based on the news and social media attention these new Instagram user terms are getting, they’ll probably change them just enough to make users feel comfortable, by removing the more drastic of the terms, which includes those photos belonging to minors and / or containing minors.
How Do I Delete My Instagram Account?
Learn How To Delete Your Instagram Account.
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