In its first big policy shift since Facebook bought the photo-sharing site, Instagram claims the right to sell users' photos without payment or notification. Oh, and there's no way to opt out.
Instagram said that it has the perpetual right to sell users' photographs without payment or notification, a dramatic policy shift that quickly sparked a public outcry. The new intellectual property policy, which takes effect on 16 January 2013, comes three months after Facebook completed its acquisition of Instagram. Unless Instagram users delete their accounts before the January deadline, they cannot opt out.
"It's asking people to agree to unspecified future commercial use of their photos," says Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation. "That makes it challenging for someone to give informed consent to that deal."
That means that a hotel in Hawaii, for instance, could write a check to Facebook to license photos taken at its resort and use them on its Web site, in TV ads, in glossy brochures, and so on -- without paying any money to the Instagram user who took the photo. The language would include not only photos of picturesque sunsets on Waikiki, but also images of young children frolicking on the beach, a result that parents might not expect, and which could trigger state privacy laws.
Another policy pitfall: If Instagram users continue to upload photos after 16 January 2013, and subsequently delete their account after the deadline, they may have granted Facebook an irrevocable right to sell those images in perpetuity. There's no obvious language that says deleting an account terminates Facebook's rights, EFF's Opsahl said.
Source : Cnet