Instagram to sell photos of users without notifying and not paying them, based on their new Terms of Service

By on Dec 19, 2012 in Business, Internet, Technology, World Comments

Updated: December 19, 2012 9:45 p.m.

Read Instagram users photos will not be for sale, Instagram clarifies statements on new Terms of Service

Instagram will have the right to sell photos of users without paying them or even not informing them. This new Instagram rule is only a part of its new Terms of Service, which will be implemented starting January 16, 2013, and is notably the biggest changes since Facebook bought Instagram last September.

According to a post by Instagram on its official blog on Tuesday, December 18, 2012, the free photo-sharing site said that there will be no changes on users’ photo ownership and who can view them, and that the aim of their new Terms of Service is help protect their users and to prevent spam and abuse.

However, Instagram‘s new Terms of Service is now being criticized after the site announced that they may sell users’ photos without asking their permission and will not even give a share from the cost of the photos that will be sold. These photos will also be under copyright and users cannot remove or change them.

In addition, Instagram users who will upload their photos after the given date and will delete their accounts later will mean that they have granted Facebook an irrevocable right to sell their photos in perpetuity. Below are excerpts from Instagram‘s new Terms of Service, which apparently alarmed most of its users.

1.0 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.

2.0 Some or all of the Service may be supported by advertising revenue. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you.

3.0 You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

5.0 The Service contains content owned or licensed by Instagram (“Instagram Content“). Instagram Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Instagram, Instagram owns and retains all rights in the Instagram Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Instagram Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Instagram Content.

Instagram new rules
Instagram’s new Terms of Service
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