Instagram's new Terms of Service - Dec 20/2020

R. Wethereyet · 12-20-2020, 09:41 AM

Effective December 20, 2020 - The rules have changed. According to a commentary by Scully & Co (real estate management firm),

"Instagram says it does not take ownership of its users` content. But the terms and conditions provide that the user grants Instagram a “global license to use their content, not exclusive, fully paid and free, transferable, under-conceded.” This means that Instagram has all the rights of the original owner of the content, in addition to the fact that it is not an exclusive license. It is important for photographers to be aware of this, because if they sell an image under an exclusive license, the image element on instagram would violate that license."

Full text of the new terms are available here: Terms of Use | Instagram Help Center

I would appreciate your thoughts on this change. Do you use Instagram? Will you be moving to a new platform? Will you be shutting down you IG account to avoid licensing issues and other impacts? These are choices that I am considering.

Thanks
David

Last edited by R. Wethereyet; 01-13-2021 at 11:38 PM. Reason: Update link

**Michail_P** · 12-20-2020, 10:30 AM - **1 Like**

I have an account just for scrolling through... never had any serious photography thoughts including instagram.

**AggieDad** · 12-20-2020, 11:21 AM - **4 Likes**

Why is this a surprise?

Instagram is social media. And with any "free" social media the user is the product. They are selling you.

R. Wethereyet · 12-20-2020, 11:43 AM

Originally posted by AggieDad

Why is this a surprise?

Instagram is social media. And with any "free" social media the user is the product. They are selling you.

Don, The fact that they want to use your images is not a surprise. The extent of their self-induced licensing is what is surprising. The option to sub-license images to 3rd parties without compensating you, edit images to their hearts content - that is what is concerning. They are a business, I get that, but they show no respect for creatives copyrighted content. It is all about the $$. I agree with your comment Don that the users are the product! I have a feeling that this product/user is going to be "dis-continued" and "no longer be available"!

stevebrot · 12-20-2020, 12:00 PM - **3 Likes**

Who grants exclusive licenses?

That small bit aside, this should come as no surprise, though applying the terms retrospectively might cause them grief if they are lax in notifying content owners.

Of course, conventional wisdom continues to be that what is posted to the Web is a gift to the universe...live with it and never post big.

Steve

R. Wethereyet · 12-20-2020, 12:13 PM

Originally posted by stevebrot

...live with it and never post big.
Steve

Agreed!

automorphism · 12-20-2020, 01:19 PM - **1 Like**

Originally posted by R. Wethereyet

Don, The fact that they want to use your images is not a surprise. The extent of their self-induced licensing is what is surprising. The option to sub-license images to 3rd parties without compensating you, edit images to their hearts content - that is what is concerning.

Hardly surprising though. The fact that Instagram is owned by Facebook means they are thoroughly invested into the idea of exploiting users by giving them one policy and then swapping it out for another in order to maximize the milking of data.

If there is one reason to pay for your own domain to host your photos, this is it.

**Mooncatt** · 12-20-2020, 01:46 PM - **1 Like**

I think this is being made to be a bigger issue than it really is, but here's some added detail for your perusing.

Did Instagram really update their TOS like they said they would? - The LawTog

R. Wethereyet · 12-20-2020, 02:57 PM

Originally posted by Mooncatt

I think this is being made to be a bigger issue than it really is, but here's some added detail for your perusing.

Did Instagram really update their TOS like they said they would? - The LawTog

Thanks Mooncatt,
As the article mentions, there have been prior changes that are much more "ominous". They also point out that, "What you can immediately do is to change your privacy settings to reflect your choice that your “photos are private.”

This is all fine if you are using IG for personal images of Latte's & Bunnies. If however, you are a professional photographer who uses IG as a marketing platform - the current terms of service, including previous changes, are concerning. It always pays to read the fine print, as they say. I guess the way to approach it and continue using IG is to accept that fact that any distribution of your images can be seen as free advertising for your work (ignoring the fact that most viewers will not know that you are the content creator).

This is the "new digital normal"!

**BarryE** · 12-20-2020, 03:26 PM - **1 Like**

How about never putting the exact copy up on IG? Change it sufficiently. Watermark it. Different crop. Make it a unique IG version.

Not a Number · 12-20-2020, 04:36 PM - **1 Like**

These are pretty much the same terms as Photobucket and other like sites have been using for years.

stevebrot · 12-20-2020, 05:21 PM - **1 Like**

Originally posted by R. Wethereyet

If however, you are a professional photographer who uses IG as a marketing platform -

...then IG is not and probably has never been a good platform to promote your work. If one is looking for gigs, word of mouth and networking are more sure. If looking for sales...galleries, street fairs, and art crawls are your friends...banks, office buildings, and internal designers too.

Steve

Breakfastographer · 12-20-2020, 05:38 PM

Originally posted by automorphism

Hardly surprising though. The fact that Instagram is owned by Facebook means they are thoroughly invested into the idea of exploiting users by giving them one policy and then swapping it out for another in order to maximize the milking of data.

Yes. This. Nail on the head.

Originally posted by automorphism

If there is one reason to pay for your own domain to host your photos, this is it.

What Instagram does offer is discoverability, or perhaps the illusion of it. It's no uncommon to still struggle to get noticed on IG.

So discoverability is a nut still left to be convincingly cracked. It's interesting that the existing paid platforms tend to have low discoverability ime. You can apparently "pay to win", but afaics not many platforms offer a "pay to get noticed" business model where you'll actually see a real difference for a moderate investment.

automorphism · 12-20-2020, 05:53 PM - **2 Likes**

Originally posted by Breakfastographer

Yes. This. Nail on the head.

What Instagram does offer is discoverability, or perhaps the illusion of it. It's no uncommon to still struggle to get noticed on IG.

So discoverability is a nut still left to be convincingly cracked. It's interesting that the existing paid platforms tend to have low discoverability ime. You can apparently "pay to win", but afaics not many platforms offer a "pay to get noticed" business model where you'll actually see a real difference for a moderate investment.

Yeah, absolutely. Discoverability is harder when you just get your own domain because of a lack of community. I have run various blogs and websites since I was around 14 and the hardest thing I've found is creating a community of people that will flock to your stuff just because of the community feel. I'm impressed at sites like the Pentaxforums that have managed to do that, though I will say that creating a community was SO much easier a couple decades ago when the internet was small and any site you made was maybe one out of at most a dozen out there on that specific topic/theme.

So, there is a bit of problem there. A mixed strategy might be in order: put a little of your stuff everywhere....

**Mooncatt** · 12-20-2020, 06:15 PM - **2 Likes**

Originally posted by R. Wethereyet

This is the "new digital normal"!

This is what happens when everyone wants something for free.

12-20-2020, 09:41 AM	#1
R. Wethereyet Senior Member Join Date: Jun 2010 Location: Alberta, Canada Photos: Gallery Posts: 126	Instagram's new Terms of Service - Dec 20/2020 Effective December 20, 2020 - The rules have changed. According to a commentary by Scully & Co (real estate management firm), "Instagram says it does not take ownership of its users` content. But the terms and conditions provide that the user grants Instagram a “global license to use their content, not exclusive, fully paid and free, transferable, under-conceded.” This means that Instagram has all the rights of the original owner of the content, in addition to the fact that it is not an exclusive license. It is important for photographers to be aware of this, because if they sell an image under an exclusive license, the image element on instagram would violate that license." Full text of the new terms are available here: Terms of Use \| Instagram Help Center I would appreciate your thoughts on this change. Do you use Instagram? Will you be moving to a new platform? Will you be shutting down you IG account to avoid licensing issues and other impacts? These are choices that I am considering. Thanks David Last edited by R. Wethereyet; 01-13-2021 at 11:38 PM. Reason: Update link

12-20-2020, 05:53 PM - 2 Likes	#14
automorphism Veteran Member Join Date: Jun 2015 Location: Ontario, Canada Photos: Albums Posts: 791	Originally posted by Breakfastographer Yes. This. Nail on the head. What Instagram does offer is discoverability, or perhaps the illusion of it. It's no uncommon to still struggle to get noticed on IG. So discoverability is a nut still left to be convincingly cracked. It's interesting that the existing paid platforms tend to have low discoverability ime. You can apparently "pay to win", but afaics not many platforms offer a "pay to get noticed" business model where you'll actually see a real difference for a moderate investment. Yeah, absolutely. Discoverability is harder when you just get your own domain because of a lack of community. I have run various blogs and websites since I was around 14 and the hardest thing I've found is creating a community of people that will flock to your stuff just because of the community feel. I'm impressed at sites like the Pentaxforums that have managed to do that, though I will say that creating a community was SO much easier a couple decades ago when the internet was small and any site you made was maybe one out of at most a dozen out there on that specific topic/theme. So, there is a bit of problem there. A mixed strategy might be in order: put a little of your stuff everywhere.... Last edited by automorphism; 12-20-2020 at 05:53 PM. Reason: clarified one sentence

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12-20-2020, 10:30 AM - 1 Like	#2
Michail_P Site Supporter Join Date: Nov 2019 Location: Kalymnos Photos: Gallery Posts: 3,006	I have an account just for scrolling through... never had any serious photography thoughts including instagram.

12-20-2020, 11:21 AM - 4 Likes	#3
AggieDad Site Supporter Join Date: Jan 2015 Location: Houston, TX Photos: Gallery \| Albums Posts: 1,453	Why is this a surprise? Instagram is social media. And with any "free" social media the user is the product. They are selling you.

12-20-2020, 11:43 AM	#4
R. Wethereyet Senior Member Join Date: Jun 2010 Location: Alberta, Canada Photos: Gallery Posts: 126 Original Poster	Originally posted by AggieDad Why is this a surprise? Instagram is social media. And with any "free" social media the user is the product. They are selling you. Don, The fact that they want to use your images is not a surprise. The extent of their self-induced licensing is what is surprising. The option to sub-license images to 3rd parties without compensating you, edit images to their hearts content - that is what is concerning. They are a business, I get that, but they show no respect for creatives copyrighted content. It is all about the $$. I agree with your comment Don that the users are the product! I have a feeling that this product/user is going to be "dis-continued" and "no longer be available"!

12-20-2020, 12:00 PM - 3 Likes	#5
stevebrot Otis Memorial Pentaxian Join Date: Mar 2007 Location: Vancouver (USA) Photos: Gallery \| Albums Posts: 42,007	Who grants exclusive licenses? That small bit aside, this should come as no surprise, though applying the terms retrospectively might cause them grief if they are lax in notifying content owners. Of course, conventional wisdom continues to be that what is posted to the Web is a gift to the universe...live with it and never post big. Steve

12-20-2020, 12:13 PM	#6
R. Wethereyet Senior Member Join Date: Jun 2010 Location: Alberta, Canada Photos: Gallery Posts: 126 Original Poster	Originally posted by stevebrot ...live with it and never post big. Steve Agreed!

12-20-2020, 01:19 PM - 1 Like	#7
automorphism Veteran Member Join Date: Jun 2015 Location: Ontario, Canada Photos: Albums Posts: 791	Originally posted by R. Wethereyet Don, The fact that they want to use your images is not a surprise. The extent of their self-induced licensing is what is surprising. The option to sub-license images to 3rd parties without compensating you, edit images to their hearts content - that is what is concerning. Hardly surprising though. The fact that Instagram is owned by Facebook means they are thoroughly invested into the idea of exploiting users by giving them one policy and then swapping it out for another in order to maximize the milking of data. If there is one reason to pay for your own domain to host your photos, this is it.

12-20-2020, 01:46 PM - 1 Like	#8
Mooncatt Loyal Site Supporter Join Date: May 2020 Location: Wisconsin Photos: Gallery Posts: 1,372	I think this is being made to be a bigger issue than it really is, but here's some added detail for your perusing. Did Instagram really update their TOS like they said they would? - The LawTog

12-20-2020, 02:57 PM	#9
R. Wethereyet Senior Member Join Date: Jun 2010 Location: Alberta, Canada Photos: Gallery Posts: 126 Original Poster	Originally posted by Mooncatt I think this is being made to be a bigger issue than it really is, but here's some added detail for your perusing. Did Instagram really update their TOS like they said they would? - The LawTog Thanks Mooncatt, As the article mentions, there have been prior changes that are much more "ominous". They also point out that, "What you can immediately do is to change your privacy settings to reflect your choice that your “photos are private.” This is all fine if you are using IG for personal images of Latte's & Bunnies. If however, you are a professional photographer who uses IG as a marketing platform - the current terms of service, including previous changes, are concerning. It always pays to read the fine print, as they say. I guess the way to approach it and continue using IG is to accept that fact that any distribution of your images can be seen as free advertising for your work (ignoring the fact that most viewers will not know that you are the content creator). This is the "new digital normal"!

12-20-2020, 03:26 PM - 1 Like	#10
BarryE Site Supporter Join Date: Jan 2013 Location: Hampshire, UK Posts: 1,653	How about never putting the exact copy up on IG? Change it sufficiently. Watermark it. Different crop. Make it a unique IG version.

12-20-2020, 04:36 PM - 1 Like	#11
Not a Number Moderator Join Date: Mar 2012 Location: Venice, CA Posts: 10,526	These are pretty much the same terms as Photobucket and other like sites have been using for years.

12-20-2020, 05:21 PM - 1 Like	#12
stevebrot Otis Memorial Pentaxian Join Date: Mar 2007 Location: Vancouver (USA) Photos: Gallery \| Albums Posts: 42,007	Originally posted by R. Wethereyet If however, you are a professional photographer who uses IG as a marketing platform - ...then IG is not and probably has never been a good platform to promote your work. If one is looking for gigs, word of mouth and networking are more sure. If looking for sales...galleries, street fairs, and art crawls are your friends...banks, office buildings, and internal designers too. Steve

12-20-2020, 05:38 PM	#13
Breakfastographer Pentaxian Join Date: Nov 2018 Posts: 673	Originally posted by automorphism Hardly surprising though. The fact that Instagram is owned by Facebook means they are thoroughly invested into the idea of exploiting users by giving them one policy and then swapping it out for another in order to maximize the milking of data. Yes. This. Nail on the head. Originally posted by automorphism If there is one reason to pay for your own domain to host your photos, this is it. What Instagram does offer is discoverability, or perhaps the illusion of it. It's no uncommon to still struggle to get noticed on IG. So discoverability is a nut still left to be convincingly cracked. It's interesting that the existing paid platforms tend to have low discoverability ime. You can apparently "pay to win", but afaics not many platforms offer a "pay to get noticed" business model where you'll actually see a real difference for a moderate investment.

12-20-2020, 06:15 PM - 2 Likes	#15
Mooncatt Loyal Site Supporter Join Date: May 2020 Location: Wisconsin Photos: Gallery Posts: 1,372	Originally posted by R. Wethereyet This is the "new digital normal"! This is what happens when everyone wants something for free.

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