Instagram got the right to sell user photos

Photo service for Instagram mobile devices unilaterally changed the terms of the user agreement. The new conditions directly allow Instagram to sell photos to third parties, including for commercial use. Reportedly, a change of conditions was made "for easier integration with the social network Facebook, photo sharing, more effective fight against spam, faster identification and resolution of problems."

The new conditions will enter into force on January 16, 2013. Lawyers believe that Facebook will retain the right to sell photos uploaded to the server after January 16, 2013, even if the user deletes their Instagram account.

In the old ToS there was such a phrase:

“By posting any content on or through the Instagram service, you thereby grant Instagram a non-exclusive, fully paid, royalty-free limited license to use, modify, delete, add, public performance, public display, reproduction and translation of this content, including, without limitation, the distribution of part or all of the site in any media format through any media channel, with the exception of closed content ("private"), which will not be distributed outside Instagram. "

These are quite standard conditions for sites with user-generated content, the same apply on Twitter. Under the new conditions, the phrase “limited license” has been replaced by “transferable license with the right to sublicense”. A new phrase also appeared: “a company or other organization can pay us for displaying your ... photos ... in connection with paid or sponsored content or a promotion, without any compensation for you”.

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. If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to this provision (and the use of your name, likeness, username , and / or photos (along with any associated metadata)) on your behalf.

In other words, the old conditions did not allow the sale of photographs to third parties, and the new conditions did. Thus, Instagram instantly turns into the world's largest stock photo bank. It will differ from ordinary photobanks like iStockPhoto only in that the authors are not provided with royalties.

See also the translation “ Instagram changes the contents of the user agreement. What does this mean for you? »

UPD. Instagram promised to remove the controversial ToS fragment and said they were misunderstood due to ambiguous wording.