#TermsofUse #Instagram

December 22, 2015 Published by

Option 1: Terms of Use, read them, click agree. Option 2: Terms of Use, don’t read them, click agree. Undoubtedly option 1 is the correct option, but how many of you have taken option 2? According to the Carnegie Mellon University in Britain, 93% of people don’t read the terms and conditions when using a website.

If you did read the terms and condition on Instagram you would have discovered that when you post content on your Instagram account, you have granted Instagram a “non-exclusive, fully paid and royalty free, transferable, sub licensable, worldwide license”.

So what does this mean? Essentially you “own” your photo, but you have granted Instagram substantially the same rights you have to use that photo. In short, Instagram can use your photo in an advertisement on Instagram without asking your permission or paying for it.

There is some protection for users. Contrary to popular belief, Instagram does not own your content. In fact, its terms state that when you post content, you are agreeing that you own the content or have been granted the right to post it on Instagram. However, according to the Instagram terms of use, when bringing a claim against Instagram, California State laws will apply, regardless of where the photo was taken or where you live and if you want to bring a claim, this must be done within one year of the issue occurring and you are bound to resolve the issue through a US arbitration style.

But what about other companies using content found on Instagram? A young Brisbane teen is considering legal action against Lorna Jane after the company used one of her personal Instagram posts on a range of t-shirts. Lydia Jahnke claims that, in doing so, Lorna Jane has breached the Copyright Act. The case highlights the importance in seeking permission when using content found on social media accounts.

So where does this leave Instagram users? Your new year’s resolution may well be to become part of that 7% that read the Terms of Use so you are in a position to understand your rights.

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