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Instagram rights grab

Discussion in 'Smartphone photography' started by AndyTake2, Dec 18, 2012.

  1. AndyTake2

    AndyTake2 Well-Known Member

  2. miked

    miked Well-Known Member

    Hmmm! Fleecebook at it again, now there's a surprise.
  3. Steve52

    Steve52 Well-Known Member

    I don't have an instagram account, but do use facebook.

    If my facebook pics are to be used without me knowing, then the only way round, IMHO, would be to put a large watermark over the centre of the picture. If Instagram then wanted to use it (without the watermark), you then might be able to 'haggle' some sort of payment/recognition for the photo, but I doubt it.

    I guess it now remains to be seen how many people will delete their Instagram account before the deadline date.
  4. TheFatControlleR

    TheFatControlleR :Devil's Advocaat: Forum Admin

    Excuse my ignorance but, is not Instagram an app that fires an image direct from the phone to the site as it is made? If so, at what point would there be an opportunity to watermark it? (Other than fine Vaseline lettering on the lens. ;)):confused:
  5. BikerMike

    BikerMike Well-Known Member

    IMHO, the best way to handle this blatant theft of other people's property is to empty your photos from, and close any account(s) you have with, either Facebook or Instagram.

    Firstly, it will protect your photos and rights, and secondly because it will also send a clear message to Facebook, (if enough people leave).

    Note that if you haven't deleted your account with Instagram by Jan 16th, you cannot opt out later!

    Bl**dy cheek, this is daylight robbery - and probably legal, too (?).

    Regards, Mike
  6. Steve52

    Steve52 Well-Known Member

    My ignorance as well. I thought Instagram was a site similar to Flickr. :)
  7. Cuthbert

    Cuthbert Well-Known Member

    So if I was to take a casual photograph of some random person and upload it via Instagram (not that I have an Instagram account), and they decide to grab it and sell it on to advertisers...

    ... will Instagram be tracking down that random person to obtain a model release form as the photograph is now a commercial proposition?

  8. Cuthbert

    Cuthbert Well-Known Member

    You could always print the watermark onto overhead projection film and hold it infront of the phone while taking the picture!

    Of course, the watermark could always say something like 'Instagram are a bunch of thieving tw@ts' ... ;)
  9. Benchista

    Benchista Which Tyler

    It's actually both - you can upload directly from the app or separately. Well, I can't anymore, as I've iced my account.
  10. Footloose

    Footloose Well-Known Member

    Things would not have reached this point if Facebook/Instagram, gave people the option of NOT allowing them to sell on their images. Of course what they could also do, is send a percentage of the money they make, onto the person posting the image ... However, Facebook may well get problems (due to copyright law) from what they are doing, as the image they are selling, may well not belong to the person posting the image, so they haven't asked for permission from the actual copyright owner, if they can sell it on?

    I wonder if what Facebook and Instagram want to do, is something that needs to be highlighted by the photographic press and media in general?

    Whilst I might well give someone permission to post one of my images on Facebook etc, that certainly does not mean, I have also automatically given Facebook, (which I have not posted it on) permission to flog the image I originally took.

    Maybe some Lawyer out there, might be very interested in the fees involved in pursuing this issue ...
  11. willie45

    willie45 Well-Known Member

    It's a bit like complaining when you chuck something into a skip and then someone else picks it up an uses it surely? You're sort of aggrieved but not really with any justification.

    I always find it entertaining that people who make no effort at all to market or sell photographs, then post them on public sites or the like, get all uptight when someone who can actually be bothered to use them does.

    Folks, if you pics are worth it, don't give them away. Also set up your business and market and sell them.

    The reality is that making money from photography isn't that much about taking pictures. Granted you need them, but they don't need to be that good or original. The business is about ermm... running the business. For every original genius on the go there are 1,000s of pros who are average, slightly above average, below average, really not good at all, and everything in between making their living.

    Taking a picture doesn't mean a thing

  12. Steve52

    Steve52 Well-Known Member

    Can that person then sue Instagram for using that photo without their permission?

    I can see lots of lawyers with £ in their eyes and rubbing their hands with glee. :)
  13. PhilW

    PhilW Well-Known Member

    Of course not, in the UK no.

    As has been said here many times, there is no right to privacy in the uk, and no necessity to seek permission to use someones image in a (non defamatory) commercial way.
  14. TheFatControlleR

    TheFatControlleR :Devil's Advocaat: Forum Admin

    Dunno about the 'permission' aspect but, and IANAL, I suspect they could be in hot water if, for instance, there was an image of someone the worse for wear/tired & emotional which was used to illustrate a story of alcoholism, binge drinking, drug use, etc. Such juxtaposition without truth or model release would, I imagine, constitute defamation, IMO.
  15. MartyG

    MartyG Well-Known Member

    It's not the same thing no. The T&Cs are being changed from what was originally signed up to - bait and switch. They're written in such a way that your photos, likeness and usertag can be used to advertise by third parties without notification and without payment.

    I wouldn't upload anything worthwhile to Instagram, but I'd still object to my likeness or photograph being used without notification or ability to say no - particularly if my likeness is being affiliated with a company or service I morally object to.

    And deleting your account because of these changes isn't complaining, it's taking action.
  16. PhilW

    PhilW Well-Known Member

    You may well, and of course IANAL.... but as far as i am aware that's just tough...

    (apart from the defamatory angle of course)
  17. willie45

    willie45 Well-Known Member

    Thats what I'm saying though. If you choose to use it you really can't complain. If you don't want them to do it then don't use it. That's absolutely fine too. I see nothing immoral in what they're doing. Did you pay them for a service they are not giving? If they're clear about their terms make a choice. If you don't want someone to use the stuff you throw out, don't throw it out.


  18. Zou

    Zou Well-Known Member

    No, not bait and switch. The terms have not changed, rather a lot of legal-ese has been clarified into plain language.
  19. P_Stoddart

    P_Stoddart Well-Known Member

    Oh it's on Newnight. :D

    Does not seem to be going down very well. :p
  20. Cuthbert

    Cuthbert Well-Known Member

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