photo credit: dbdesigns.com
I’ll never forget the intensely negative response that came from the Instagram community back in December of 2012. Many of my photographer friends, and even some of my non-photographer friends were swearing off Instagram and closing their accounts. The new Terms of Service and Privacy Policy that was proposed by Instagram was abusive, shocking, and disappointing to say the least.
The new Terms of Service and Privacy Policy was littered with changes but likely the most talked about was this: “A business or other entity may pay” Instagram to display your photos “in connection with paid or sponsored content or promotions, without any compensation to you.” Basically, if you post an image to Instagram you automatically give them permission to use your photo in commercials, ads, or whatever they see fit and they don’t owe you a dime for it. They can also altar your image to fit the needs of whomever they are selling the image to. For example, if you are painting your nails and Instagram decides to sell that image to OPI nail polish, Instagram can altar the bottle of polish in your photo to say “OPI”.
While the following changes had less opposition, they still rubbed me wrong. Even if you delete, deactivate or terminate your account, your images may still be floating around in Instagram cyber space and there is nothing they can do about it. On the flip side, Instagram may have technical difficulties and lose your images and there is nothing they can do about that either. You cannot sue Instagram. If by some chance you are able to sue them, you are limited to $100 in damages. If Instagram somehow gets sued because of a photo you posted, you are liable to pay any amount they are sued for.
How does Instagram know you have agreed to all of these terms? Well, if you have used your account on or after January 19th you automatically agree to their new Terms of Service and Privacy Policy.
When news of these eventual changes went public in December, Instagram users all over the world sent enough hate mail and closed enough accounts for Instagram to step back, reassess, and “modify” their terms. The adjusted Terms of Service and Privacy Policy went into effect on January 19, 2013. Instagram has stated, “To be clear: It is not our intention to sell your photos…We are working on updated language in the terms to make sure this is clear.” In my opinion, not much has changed in this revised Terms of Service.
I can understand Instagram wanting to turn a profit and I don’t fault them for wanting to do so. What I cannot understand is how they reason that running over the artist’s rights is the best (and a moral) way to make money. I would much prefer to pay a monthly subscription to Instagram and retain my copyright. If Instagram wants to use an image, they could, like any other honest company, purchase the image from the artist for their advertising etc. I love Instagram and I want them to make money but not at the cost of abusing my copyright.
Of the 90 million registered Instagram users, they could simply charge everyone a $10 monthly fee to use the app. They may lose some consumers who don’t want to pay a monthly subscription but they would still make a ton of money without mistreating the Instagram community.
I am disgruntled and very disappointed, but for now I am still hanging on to my subscription. What will you do?
