Instagram [Facebook] says it now has the right to sell your photos

In its first big policy shift since Facebook bought the photo-sharing site, Instagram claims the right to sell users' photos without payment or notification. Oh, and there's no way to opt out.

Instagram says it now has the right to sell your photos

Instagram said today that it has the perpetual right to sell users' photographs without payment or notification, a dramatic policy shift that quickly sparked a public outcry.

The new intellectual property policy, which takes effect on January 16, comes three months after Facebook completed its acquisition of the popular photo-sharing site. Unless Instagram users delete their accounts before the January deadline, they cannot opt out.

Under the new policy, Facebook claims the perpetual right to license all public Instagram photos to companies or any other organization, including for advertising purposes, which would effectively transform the Web site into the world's largest stock photo agency. One irked Twitter user quipped that "Instagram is now the new iStockPhoto, except they won't have to pay you anything to use your images."

"It's asking people to agree to unspecified future commercial use of their photos," says Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation. "That makes it challenging for someone to give informed consent to that deal."

Interestingly, it appears there was "surprise" that this policy surfaces after the purchase of Instagram. But more and more people are beginning to see that these 'services' which we love to use to stay connected with friends and family (as well as to feed our egos) actually are not "for you."

Business like these rarely satisfy themselves with the profits they get from the onset of the enterprise. Ad revenue wasn't enough, offering data for the "big cloud' wasn't enough... when you're dealing with millions of users, every fraction of a cent you can whisk away is fair game... the perception of "rights" is merely an impediment to profit for the self-entitled.... welcome back to reality.

I suspect this may be the tip of the iceberg... soon "you" will be the product.... the next question is... who will "own" you? (probably those to whom you are indebted)

If you're not paying for the service, you're the product.

I'm so glad I'm not on Facebook. I do wonder what will be the next thing they'll cream from it.

So... You have to be a member of instagram right? I've never heard of them so I guess I don't have to worry. Or, is instagram associated with facebook like when you upload photos or something?

reply to post by Maxmars


It really blows my mind after reading all kinds of things about how facebook does things,that people still use it.
After reading this news piece,can someone explain why facebook is good for you??

We have skype,msn and other ways to talk to people and keep in touch.

Even e-mail is better than facebook.
To the people that use it,I have no sympathy for you.

facebook using your info for money

nuff said

reply to post by Maxmars


Could we have a link to the actual policy or at least the link from your source?

Originally posted by Manhater
So... You have to be a member of instagram right? I've never heard of them so I guess I don't have to worry. Or, is instagram associated with facebook like when you upload photos or something?

edit on 18-12-2012 by Manhater because: (no reason given)

A very good question!

The truth is it is very likely that "Instagram" will become the "default" Facebook repository for all linked images....

While I don't know that for certain... if I put on my "evil" hat...that's what I would do... vested Facebook users (especially those with 'monetized' accounts) will be unable to withdraw... and suddenly - every cool pic, or graphic you post... they can snag.....

Originally posted by Hellas
reply to post by Maxmars

 

Could we have a link to the actual policy or at least the link from your source?

edit on 18-12-2012 by Hellas because: (no reason given)

Yikes! My deepest apologies....

Thanks for keeping me honest!

news.cnet.com...

(Will edit OP to include.... sorry)

Originally posted by Maxmars

Originally posted by Hellas
reply to post by Maxmars

 

Could we have a link to the actual policy or at least the link from your source?

edit on 18-12-2012 by Hellas because: (no reason given)

Yikes! My deepest apologies....

Thanks for keeping me honest!

news.cnet.com...

(Will edit OP to include.... sorry)

Thanks

Originally posted by Hellas
reply to post by Maxmars

 

Could we have a link to the actual policy or at least the link from your source?

edit on 18-12-2012 by Hellas because: (no reason given)

www.guardian.co.uk...

reply to post by khimbar


Thank you.....

It will continue without a hitch.

Most people that use FaceBook are totally oblivious and do not care and will not care until a photo crops up. Then it will become an individual issue and we all know how well an individual fares against a behemoth. Even a collection of individuals are powerless.

Welcome to a world where your information and background is free game for companies to sell to purchasers without even the need for investing or buying supply.

I could see this coming with companies that provide credit reports and background checks years ago. I often wondered how a company can make a profit off of personal information without any mechanism for rebuttal or claw back. Nice way to make a buck eh?

Here's an interesting side tidbit.... while not particularly an "Instagram" thing.... you can see how the value of the "product" they are trying to "sell" has no value if it cannot be related to the user personally....

Facebook rejects German demand to allow fake names

Facebook says it won't comply with a German privacy watchdog's demand to let users register with fake names.

The data protection commissioner of Schleswig-Holstein state issued an order Monday requiring that the social networking site permits pseudonymous accounts.

Thilo Weichert says the California-based company's policy of requiring real names breaches German law and European rules designed to protect free speech online. Facebook said Tuesday that the order is "without merit, a waste of German taxpayers' money and we will fight it vigorously."

Weichert says his office can impose a penalty against Facebook if it doesn't comply with the order within two weeks.

Facebook says it has more than 20 million active users in Germany.

Originally posted by Manhater
So... You have to be a member of instagram right? I've never heard of them so I guess I don't have to worry. Or, is instagram associated with facebook like when you upload photos or something?

edit on 18-12-2012 by Manhater because: (no reason given)

Instagram used to be a photo-filtering "app" which made normal pix look like 70s shots, which you could then share with friends etc.

Instagram became massively popular in a short time & was purchased by FB for 1 Billion dollars. (yes with a B)

Facebook is making this an Instagram thing so that ppl will direct their anger on the name "Instagram" and not Facebook itself, so there won't be a massive drop in FB users overnight.

BUT - I am SURE (but kinda guessing really LOL) - that FB will (or quietly already has) reword its T & C to make it that all UPLOADED photos now legally / contractiually come under Instagram, that way you don't have to be using the instagram app to be legally bound to their desire of SELLING YOUR PERSONAL PICS FOR PROFIT WHILE GIVING YOU NOTHING FOR IT.

Ever noticed that when you login using 'Google' on some websites, the status bar below goes through a number a servers, notably, through Youtube.com (owned by Google). This is because they are using youtube as the 'pipeline' to get everyone's 'real life name'.

Same way, you can 'opt out' by closing your instagram account, but as long as you have FB, chances are that sooner or later you will be operating under 'instagram' for any action you do relating to pictures (uploaded or shared) on FB. Which means technically, FB can (and will) use your pix for profit, without your permission and without owing you 1 cent.

NOTE The last 3 paras above contain my OPINION and SPECULATION.

ohhhoooo...kitsch images of lunch plates..toes at the beach and vintage-y scenes of retro-rama...sounds like they have a goldmine

meh..really..who cares? You still have a choice right..?

reply to post by Maxmars

Who Owns Photos and Videos Posted on Facebook or Twitter?

Apparently the use of Instagram is a name/blame ploy to make use of so that FB doesn't get all the blame for stealing your material - even if its copyrighted - no matter, and FB had this right prior to its acquisition of IG. Its just that the use of Instagram seals the deal in the courts so that you won't have a chance to win. If your images are posted there now and they were linked to by anyone, in any way, on the entire internet - FB members of not - they are now owned by FB - lock stock and barrel ! - even if you deleted them and closed the account. FB does not recognize the word delete - or account closed.

Well, it depends on what you mean as “own.” Under copyright law, unless there is an agreement to the contrary or the photograph or video is shot as part of your job, a copyright to a photograph generally belongs to the creator. As the copyright owner, you own the exclusive rights to display, copy, use, produce, distribute and perform your creation as you see fit and approve. As the subject of the photograph, you have a right to publicity – which allows you to get paid for the commercial use of your name, likeness or voice.
But what happens when you decide to post that picture on the Internet – perhaps on Facebook or Twitter (using Twitpic), or some other social network or photo-sharing site?
You may be shocked to find out that once you post on these sites, that although you still “own” the photograph, you grant the social media sites a license to use your photograph anyway they see fit for free AND you grant them the right to let others use you picture as well! This means that not only can Twitter, Twitpic and Facebook make money from the photograph or video (otherwise, a copyright violation), but these sites are making commercial gain by licensing these images, which contains the likeness of the person in the photo or video (otherwise, a violation of their “rights of publicity”).
Facebook
Under Facebook’s current terms (which can change at anytime), by posting your pictures and videos, you grant Facebook “a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any [IP] content that you post on or in connection with Facebook (“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.” Beware of the words “transferable, sub-licensable, royalty-free, worldwide license.” This means that Facebook can license your content to others for free without obtaining any other approval from you! You should be aware that once your photos or videos are shared on Facebook, it could be impossible to delete them from Facebook, even if you delete the content or cancel your account (the content still remains on Facebook servers and they can keep backups)! So, although you may be able to withdraw your consent to the use of photos on Facebook, you should also keep in mind that if you share your photos and videos with Facebook applications, those applications may have their own terms and conditions of how they use your creation! You should read the fine print to make sure you are not agreeing to something that you don’t want to have happen.

I posted about this in another thread, unfortunately couldn't create my own.

Here's the BBC story.
BBC Link

Originally posted by MasterPainter
I posted about this in another thread, unfortunately couldn't create my own.

Here's the BBC story.
BBC Link

Here's to the near future... one where you get to make the thread... and I comment on it!

Thanks' for additional link.

Never mind.


Just found ATS has a thread on it.

www.abovetopsecret.com...

Well I only use FB for when I travel to get in touch with friends and that’s it. I do not see why people are so fascinated with it. If they do something I do not like I will simply delete my account as it is I do not put anything on there that would bother me if others could see.