Community Stories

A question about Instagram, reposting and fair use

Vercingetorix
Posts
3,947
Likes
6,768
You keep your copyright but allow instagram to use your image:
Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.
  • We do not claim ownership of your content, but you grant us a license to use it.
    Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the Data Policy and visit the Instagram Help Center.
 
Deafboy
Posts
2,446
Likes
7,040
It’s a little more subtle because the photo shows the reposter’s strap. Did the OP ask permission to show a picture of the strapmaker’s strap? Does the strapmaker have trademark on the strap?
 
Spacefruit
Posts
5,317
Likes
24,329
Vercingetorix Vercingetorix
You keep your copyright but allow instagram to use your image:
Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.
  • We do not claim ownership of your content, but you grant us a license to use it.
    Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the Data Policy and visit the Instagram Help Center.


So what is the difference between me owning the copyright, and them owning the copy right?

It seems to me, while they tell me I own it, they can do whatever they like with it?

A little bit like the money in my bank account, its mine until I try to do something "unapproved" like withdraw large amounts in cash.

So with IG the photos are mine, but they can do what ever they want with them, even after I delete them?
 
Vercingetorix
Posts
3,947
Likes
6,768
Spacefruit Spacefruit
So what is the difference between me owning the copyright, and them owning the copy right?

It seems to me, while they tell me I own it, they can do whatever they like with it?

A little bit like the money in my bank account, its mine until I try to do something "unapproved" like withdraw large amounts in cash.

So with IG the photos are mine, but they can do what ever they want with them, even after I delete them?
“You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it.”

I think that severely limits their use. If they try to sell to another and you close your account, they no longer have the rights.
 
BatDad
Posts
875
Likes
2,607
As I read it - once you delete your content from their platform - they no longer can do what they want from it.
 
Spacefruit
Posts
5,317
Likes
24,329
BatDad BatDad
As I read it - once you delete your content from their platform - they no longer can do what they want from it.

Ok that makes sense.

However until I delete it, then they can do what ever they like with it?
 
BatDad
Posts
875
Likes
2,607
Spacefruit Spacefruit
Ok that makes sense.

However until I delete it, then they can do what ever they like with it?
That’s my understanding - they grant you the server space - you grant them redistro rights.

For an image distributed whilst you still implicitly ‘agree’ to their terms they won’t retroactively tear down if/when you revoke the grant.

EDIT - one thing I have in mind when posting content - With FBook I can control who can view my content. With Instagram, Twitter& others the content is out of my control. I’m very cautious about what content I put in the latter. As my mum used to say to me - don’t do anything stupid you wouldn’t want to explain to a paramedic. I view the inter webs the same. No pics of my kids etc on the latter.
Edited:
 
Foo2rama
Posts
18,202
Likes
27,531
It’s a derivative work to advertise. It is not fair use. They modified your picture in an attempt to make money.

look at it this way. I cannot take a picture from Disney’s Facebook and have Mickey Mouse using my product via photoshop.

re ownership.
You grant Instagram redistribution rights so that they can allow others to see it. The need that right for it to work.
 
smitty190373
Posts
2,205
Likes
7,267
I thought if you put a photo on the interweb these days Mr Zuckerberg will eventually end up owning it.
Edited:
 
BatDad
Posts
875
Likes
2,607
Foo2rama Foo2rama
It’s a derivative work to advertise. It is not fair use. They modified your picture in an attempt to make money.

look at it this way. I cannot take a picture from Disney’s Facebook and have Mickey Mouse using my product via photoshop.

re ownership.
You grant Instagram redistribution rights so that they can allow others to see it. The need that right for it to work.
True - but in @ConElPueblo s case wasn’t it a repost with credits? Or not edited!

spose the question is - can IG images be used to promote someone else’s business without consent.

In the case that we openly upload to IG, I find it difficult to believe it’s not reasonable use, Unless, the image contains personally identifiable infortmaion.
Then again - I’m just a lowly tech guy. What do I know about legal terms! 😉
 
Foo2rama
Posts
18,202
Likes
27,531
BatDad BatDad
True - but in @ConElPueblo s case wasn’t it a repost with credits?
They modified the picture with one of their straps I thought.
 
gatorcpa
Posts
13,310
Likes
18,424
ConElPueblo ConElPueblo
Hi all.

A watch dealer with an Instagram representation reposted one of my images yesterday (with credits) as the watch was on a strap that they sell (I didn't buy it from them).

Can they do that? Is this "fair use" or are there just nothing that prohibits companies from doing this?

I finally read the NYT article. It all makes sense to me, except that they are focused more on one specific site (Instagram) which has its own user agreement to which all users must agree before using the service. This is true of almost all 3rd party hosting sites, but of course they are all going to have their own agreements which will vary due to local laws.

Many smaller companies that "steal" favorable images of their products from any website pretty much know that their use of the image is likely questionable. Larger companies will have staff to police such activities internally, but these companies will also "lawyer up" if threatened. Good luck with getting these companies to acknowledge anything.

My expectation is that once I upload a picture here or anywhere else on the internet, it's fair game for anyone to use at anytime. If I have any doubts about it, I don't post. Otherwise you could spend your entire life trying to stop the use of your works online. Life is too short.

It's also why I'm not an artist or musician. These professions get horribly ripped-off by technology on an everyday basis.
gatorcpa
 
Foo2rama
Posts
18,202
Likes
27,531
gatorcpa gatorcpa
I finally read the NYT article. It all makes sense to me, except that they are focused more on one specific site (Instagram) which has its own user agreement to which all users must agree before using the service. This is true of almost all 3rd party hosting sites, but of course they are all going to have their own agreements which will vary due to local laws.

Many smaller companies that "steal" favorable images of their products from any website pretty much know that their use of the image is likely questionable. Larger companies will have staff to police such activities internally, but these companies will also "lawyer up" if threatened. Good luck with getting these companies to acknowledge anything.

My expectation is that once I upload a picture here or anywhere else on the internet, it's fair game for anyone to use at anytime. If I have any doubts about it, I don't post. Otherwise you could spend your entire life trying to stop the use of your works online. Life is too short.

It's also why I'm not an artist or musician. These professions get horribly ripped-off by technology on an everyday basis.
gatorcpa

well a DMCA take down is pretty easy to get your stuff removed from an offender. Instagram has a reporting system in place.
 
ConElPueblo
Posts
9,596
Likes
27,705
BatDad BatDad
True - but in @ConElPueblo s case wasn’t it a repost with credits? Or not edited!

Yep, it's a picture of a Mido with a Fluco strap - I bought the strap from a different vendor, took a photo which I uploaded to Instagram which is now being reposted by a commercial profile who is selling the same brand of strap. I wouldn't react if it had been a private profile.

Thanks for all the comments and insight, I'll send them a note asking them to remove the post. I'm not their advertising agent.
 
gatorcpa
Posts
13,310
Likes
18,424
Foo2rama Foo2rama
well a DMCA take down is pretty easy to get your stuff removed from an offender. Instagram has a reporting system in place.
I’m not necessarily talking about Instagram.
gatorcpa
 
Foo2rama
Posts
18,202
Likes
27,531
gatorcpa gatorcpa
I’m not necessarily talking about Instagram.
gatorcpa
DMCA though is generally enough to get things pulled. Fairly easy process.
 
mblease
Posts
291
Likes
1,394
ConElPueblo ConElPueblo
Yep, it's a picture of a Mido with a Fluco strap - I bought the strap from a different vendor, took a photo which I uploaded to Instagram which is now being reposted by a commercial profile who is selling the same brand of strap. I wouldn't react if it had been a private profile.

Thanks for all the comments and insight, I'll send them a note asking them to remove the post. I'm not their advertising agent.


Definitely the right move. I’m an illustrator and I’m regularly having to dm brands when they repost my work to help them shift whatever product they happen to be selling. Most of the time these posts are removed pretty quickly, if not I threaten to get my agent in the case and legal to follow, always does the trick!
 
watchdaddy1
Posts
2,833
Likes
26,472
As long as they gave you credit I see no harm but they should @ least ask. Happens to me all the time w/o asking but photo credit was acknowledged
 
5 More Posts...
Sign up or log in to reply...

Similar threads

johnyboy

A first thread from me, and a question about 2451s

johnyboy Vintage Omega Watches Help, Discussion and Advice
johnyboy
johnyboy
Posts
24
Views
1K
ninman

A question about modding a watch.

ninman Modern Omega Watches
josiahg52
josiahg52
Posts
9
Views
877
Walrus

A question about the English boot sale and street deals in the US

Walrus Open Discussion
Scarecrow Boat
Scarecrow Boat
Posts
2
Views
2K
M'Bob

A question about replacing screwdriver tips:

M'Bob Watchmaking
Archer
Archer
Posts
4
Views
2K
clundp

Fair or Foul? Instagram Watch Influencers

clundp Open Discussion
Felix_La_PuBelle
Felix_La_PuBelle
Posts
52
Views
6K
NT931

Instagram Watch Dealer who uses others' watch pictures without consent

NT931 Open Discussion
NT931
NT931
Posts
6
Views
957