Wednesday, March 20, 2013

Instagram Claims Right to Sell Photos



Early in 2012, Facebook approached the founders of Instagram with a $1 billion deal to buy the fledgling Internet photo company.  In September 2012, the deal was finalized for reportedly $750 million.  Good news for Instagram, but bad news for anyone who posted one or more of the 5 billion photos.  Why?  Because now, with Facebook owning Instagram they have the right to sell any of these photos.

The policy to sell user photos was supposed to take effect on January 16, 2013, which was 3 months after Facebook’s purchase.  According to this new policy, Facebook is claiming their right to sell Instagram photos without notifying or paying the original poster.  The only way to avoid this happening to you is if you deleted your Instagram account before the January 16th deadline.  News of this caused an uproar among users.   

But how will this new Instagram policy affect users’ privacy?  If you have an account that hasn’t been deleted prior to the January 16, 2013 deadline, any of your photos could be sold to advertisers.  In other words, that picture of you in your bikini while you were on Spring break, holding up a bottle of Coors Light, could be sold to Coors and used in one of their advertisements.  Imagine your surprise when you see this picture on a billboard!  Instagram will be making money for Facebook from Coors, Coors will be making money from the advertisement and you will be making nothing at all for your part in all of this.

Kurt Opsahl, Senior Staff Attorney with the Electronic Frontier Foundation says of this new policy, “It’s asking people to agree to unspecified future commercial use of their photos.  That makes it challenging for someone to give informed consent to that deal.”

Because there is nothing specified, this leaves an endless list of possibilities for exploitation of user photos.  Travel agencies, airlines and resorts can all use your photos in magazine ads, brochures, Internet advertising, television advertising, etc.  All they have to do is pay the fee to Facebook and your Instagram photo is now theirs to use as they see fit.  There is no limit to what types of photos will be sold.  This means that if you post a picture of your children playing in the sands of a tropical island, your children could be the subject of an advertisement.