Re: Instagram claims righ to sell photos

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On 2012-12-24 13:25, asharpe@xxxxxxxxxxxxxxxx wrote:
Which is what? Have you read it? Do they still have rights to your
photographs, even if they don't "sell" them?

The usual language for pics on a social network site sound like a rights grab even when it isn't. Get an actual IP lawyer's opinion before panicking.

For example, they have to have the right to display them to users worldwide -- that's what you uploaded them for. On the other hand, they should not have the right to *sell* anything to anybody. (They may even need the right to transfer rights to third parties, depending how well integrated partner sites are.)

Places that want to make it really clear sometimes include a disclaimer stating that you retain all your rights and that they don't have the right to sell anything; but I can understand being stubborn and not putting in a disclaimer that doesn't change anything just because some people panic reading legal language.

Often they claim the right to use them in their *own* promotion -- basically, I think, so that a screen shot in their ad doesn't have to be carefully cleared. Except, you *can't* waive rights of publicity for the subjects in your photos, so they don't really get much from that.

--
David Dyer-Bennet, dd-b@xxxxxxxx; http://dd-b.net/
Snapshots: http://dd-b.net/dd-b/SnapshotAlbum/data/
Photos: http://dd-b.net/photography/gallery/
Dragaera: http://dragaera.info



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