Bong Manayon wrote:

>Under the new policy, Facebook claims the perpetual right to license
>all public Instagram photos to companies or any other organization,
>including for advertising purposes, which would effectively transform
>the Web site into the world’s largest stock photo agency.
>
>http://www.slrlounge.com/instagram-now-has-the-right-to-sell-your-photos

Neat! Well, for Instagram it’s neat. Not so much for its end users.
But I have to admit I'm impressed with the diabolical game they've
played here.

TOS agreements like this haven’t been a problem in the past for a
couple of reasons: Firstly, the online service could never be sure the
person who uploaded the image was the copyright owner — and there are
big lawsuits waiting there if they guess wrong. Secondly, aside from
copyright they need a model release from any recognizable person in
any image they use commercially or license for commercial use.

Instagram sidesteps the first issue entirely because the person who
shoots the photo is the one who uploads it to the site. And because
Instagram encourages "artsy" photography of all kinds of subjects,
there’s a good chance they’ll get a significant number of photographs
which don’t show a recognizable person and therefore don’t require a
model release. 

Yes, it's evil, but impressively so.
 
-- 
Mark Roberts - Photography & Multimedia
www.robertstech.com





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