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Instagram's new ToS allows Facebook to profit from your pictures forever and ever

Instagram's new ToS allows Facebook to profit from your pictures forever and ever

Posted: 18 Dec 2012, 12:02, by Alan F.

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Instagram's new ToS allows Facebook to profit from your pictures forever and ever

UPDATE: Now that everyone has had time to cool off, there are some who are looking at Instagram's new ToS and saying that the new wording never gave Facebook the right to sell your pictures without permission, and that Instagram always had the same rights to use pictures

You can't blame Facebook. As a public company, the social-networking site has an obligation to its shareholders which means trying to find a way to make big bucks off Instagram. To Facebook's credit, the plan isn't to put ads on the site as we surmised a week ago. But the reality is something that many Instagram users are not going to like.

The new Terms of Service on Instagram give Facebook the perpetual rights to license your pictures to any company or organization, and the photos could be used for advertisements. And guess who is not getting paid for the use of the pictures. If you guessed Facebook, guess again. Instagram users have until January 16th to delete their account because that is the date when the new ToS take effect.

Would you want to see your Instagram pictures on a giant billboard?

Those looking to save their Instagram pictures are turning to Instaport, which is a service that will allow you to archive your pictures as a single ZIP file. As far as a replacement for Instagram, the smart money is making a mass exodus to Flickr, which has just added filters ala Instagram to its Apple iPhone app. Speaking of upset Instagram users, people are now calling it the world's largest stock photo agency. And this all comes about from some changes to the ToS. The term "limited license" is replaced with the use of "transferable" and "sub-licensable," which allows Facebook to license users' photos to any other company or organization. In simpler language, Facebook writes that "a business or other entity may pay us to display your... photos... in connection with paid or sponsored content or promotions, without any compensation to you." That is a another new phrase to the ToS and is the one that gives Facebook investors some hope, but makes Instagram users angry. The new policy also seems to indemnify Facebook and Instagram from class action lawsuits.

If you're an Instagram user, what will you do? Certainly there are other, similar photo-sharing sites out there although none yet have the membership numbers that Instagram does. However, that might change in the next month. By the way, if you're interested in saving your pictures to Instaport, we have so thoughtfully provided you with a link.

"Our updated privacy policy helps Instagram function more easily as part of Facebook by being able to share info between the two groups. This means we can do things like fight spam more effectively, detect system and reliability problems more quickly, and build better features for everyone by understanding how Instagram is used.
Our updated terms of service help protect you, and prevent spam and abuse as we grow."-Instagram

source: Instagram via CNET

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35 Comments

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posted on 18 Dec 2012, 13:09 2

1. e.wvu (unregistered)

Maybe if I take a picture of my middle finger they would hopefully use it in an ad. But in serious note, I think this is ridicolous, but it's not gonna make me delete my account.

posted on 18 Dec 2012, 18:26

24. Mxyzptlk (unregistered)

I don't see the problem here.

posted on 18 Dec 2012, 13:37 2

2. InspectorGadget80 (unregistered)

This is stupid

posted on 18 Dec 2012, 13:46

3. downphoenix (Posts: 3165; Member since: 19 Jun 2010)

anyone know if this also applies to pictures up on facebook? Just need to know if I need to only delete my Instagram, or delete both.

posted on 18 Dec 2012, 13:51 2

7. the_best (Posts: 139; Member since: 14 Oct 2012)

i dont know if they can sell your content on facebook, but the contract wich you sign when gettin a FB page clearly states that they own everything you post there.

posted on 18 Dec 2012, 13:48 2

4. XPERIA-KNIGHT (unregistered)

"Facebook writes that "a business or other entity may pay us to display your... photos... in connection with paid or sponsored content or promotions, without any compensation to you."

are they serious? does facebook or should i say Mark Zuckerberg (billionare) really need the money? Sounds extremely selfish to me....smh

posted on 18 Dec 2012, 14:17 1

9. NexusKoolaid (Posts: 493; Member since: 24 Oct 2011)

Facebook IPO'd just south of $40. It's currently just south of $30. The investors want their investment money back, and they'll gladly squeeze your personal data to do it.

posted on 18 Dec 2012, 14:31

10. XPERIA-KNIGHT (unregistered)

still selfish......and sounds a bit panicky or something like someone wont eat if they dont get their money! sigh.......lets just see how this turns out

posted on 18 Dec 2012, 14:40

14. johnnh (Posts: 37; Member since: 18 Dec 2012)

really mark is just the creator, now facebook is an entity of shareholders, so do not blame someone like he has the keys to stop everything. If you had an investment on facebook you wouldn't be so childish. Welcome to capitalism, nothing is for free. There's a fee for everything aside human thoughts and feelings.

posted on 18 Dec 2012, 14:47 1

15. the_best (Posts: 139; Member since: 14 Oct 2012)

well thats what we post on facebook and instagram, our thoughts and feelings.. so i guess thats got a pricetag to..

posted on 18 Dec 2012, 14:55

16. XPERIA-KNIGHT (unregistered)

sorry dude while thats all true and all it still seems like their just panicing over nothing.........like facebook wont be popular anymore if they dont do this......fear can cause you to lose more than you will ever gain remember that.........

posted on 18 Dec 2012, 13:49 5

5. the_best (Posts: 139; Member since: 14 Oct 2012)

holy s**t! where is my freedom? i thought the internet should set us free, not lock us in a cellar and throw away the key.

posted on 18 Dec 2012, 14:35

11. caseball2051 (Posts: 31; Member since: 09 Feb 2012)

signing up for these sites are optional, you can express your freedom by not usign them!

but youre right this is absolutely stupid. i hope they suffer from this decision.

posted on 18 Dec 2012, 13:49 8

6. ncv144 (Posts: 126; Member since: 04 May 2012)

And everyone flocks to G+!

posted on 18 Dec 2012, 17:56 1

23. JeffdaBeat (unregistered)

That didn't happen when Google+ released...why would it happen because of this? People will complain and then get over it.

posted on 19 Dec 2012, 01:34

33. quakan (Posts: 1396; Member since: 02 Mar 2011)

As always.

posted on 18 Dec 2012, 14:05

8. SavageLucy42 (Posts: 211; Member since: 24 Mar 2011)

People are flipping out but if Facebook really thinks using some photo of a doll I tortured or a snapshot of my mom and grandma is going to bring in the users, have at it. These are snapshots for fun. The things I upload to Instagram are not art. (I have an actual camera camera for taking Etsy listing photos.)

posted on 18 Dec 2012, 14:37 1

12. caseball2051 (Posts: 31; Member since: 09 Feb 2012)

youre missing the point.

if they wanted to take a picture of your mom and grandma and sell it for profit (which youll see 0% of the money) to a nursing home to use on a brochure they can.

posted on 18 Dec 2012, 14:40

13. XPERIA-KNIGHT (unregistered)

exactly......but the thing is............why are they so damn concerend about money........i mean i know its "money" and all but there should be a more reasonable and "honest" cause for doing somthing like this...........seems like there just saying "we're going to use YOU to get paid!"

posted on 18 Dec 2012, 15:09

19. caseball2051 (Posts: 31; Member since: 09 Feb 2012)

theyre concerned about money because theyre a business and thats waht businesses concern themselves with...lol

you dont go into business to break even. the stock isnt doing as well as tehy expected and now they need to satisfy their holders.

posted on 18 Dec 2012, 15:15

21. XPERIA-KNIGHT (unregistered)

dude ive heard it all before........and while what you're saying may be a "fact" GREED wont get you any further than what you are now......accept that or not but watch as they fall if they continue to thrive off of that motive alone...

posted on 18 Dec 2012, 15:00

17. SavageLucy42 (Posts: 211; Member since: 24 Mar 2011)

My point was that these are s**tty photos that I can't imagine them using.

posted on 18 Dec 2012, 15:07

18. XPERIA-KNIGHT (unregistered)

shitty or not their still gonna have to come up with a better reason than just wanting to flat out use us for their benefit...

posted on 18 Dec 2012, 15:12

20. caseball2051 (Posts: 31; Member since: 09 Feb 2012)

i just gave you a perfectly valid scenario where your pictures would be used.

if you dont care about others profitting from your property more power to you, but this will make them lose some members

posted on 18 Dec 2012, 18:45

26. SavageLucy42 (Posts: 211; Member since: 24 Mar 2011)

Why would anyone use Instagram/Facebook photos as stock photography when there are many really great, professionally shot, extremely cheap/affordable stock photo websites already established?

posted on 18 Dec 2012, 21:21

30. caseball2051 (Posts: 31; Member since: 09 Feb 2012)

who gets paid more?

strangers that get paid 0$, or models who get paid real money?

its simple economics. cmon

posted on 19 Dec 2012, 01:37

34. quakan (Posts: 1396; Member since: 02 Mar 2011)

Then don't virtually hand them your pictures if you don't want them to have a copy. Simple as that.

posted on 18 Dec 2012, 17:19 1

22. BREvenson (Posts: 240; Member since: 17 May 2012)

I don't really use Instagram as much as I hoped I would when I first downloaded it. Now, I really have no desire to ever use it again.

Though the chances of them using any pictures I may take are slim to none, I still feel better knowing that I am not contributing to the new agenda.

posted on 18 Dec 2012, 18:38

25. SavageLucy42 (Posts: 211; Member since: 24 Mar 2011)

If you're really concerned that a real pet food company would pay money to utilize a grainy orange tinted photo of your dog, why not just watermark your photos? Better yet realize that there are stock photos out there that are extremely cheap and professionally shot.

posted on 18 Dec 2012, 21:22

31. caseball2051 (Posts: 31; Member since: 09 Feb 2012)

youre still wrong.

if youre ok with people captalizing on your photographs stay a member of instagram. if you dont want people using your image and making money on your photos dont join.