Policy Primer:

Instagram’s Terms of UseLaura Capel | Curtin University

Capture and share the World’s moments

http://instagram.com/#

“”

Instagram is a mobile photo-taking and photo-sharing app, wrapped in a social networking platform.

Instagram in 6 easy steps:

Take a photo

Add a filter, add your location

Post!

Share it to other platforms

Like and Comment on other photos

Follow other users/be followed

1.2.3.4.5.6.

As of September 2013Instagram had

150mactive users

(Rusli 2013)

As one of 150 million Instagram users, did you read the Terms of Use when you signed up?

A survey conducted in Great Britain found that 93% of people do not read the full terms when buying a

product or service online and therefore do not realise the extent of the arrangements, rules, requirements

and standards they are agreeing to.

(Smithers 2011)

Instagram’s Terms of UseIn a nutshell

Effective January 19, 2013

Basic TermsYour agreeable rights and responsibilities as a user

General ConditionsInstagram reserves the right to…

RightsYour agreeable copyright and trademark rights (to protect Instagram and you)

(Instagram 2013)

Specific legal provisions and disclaimers which further protect Instagram’s position as a company

Limitation of Liability IndemnificationArbitrationGoverning LawEntire AgreementTerritorial Restrictions

Instagram Terms of Use

Basic Terms:What have I agreed to?

Among other terms, users are bound by the following:

• You have consented to being over 13 years old• You will not post violent, nude, discriminatory or unlawful photos• You are solely responsible for your account• You will not defame, stalk, bully or harass other users• You will not submit unwanted commercial comments or likes (spam)

Whilst the particulars may vary, these terms are very common among online services apps and social networking platforms.

(Instagram 2013)

Instagram Terms of Use

General Conditions:What does Instagram have the right to do?

Instagram can at any time, without notice:

• Modify or terminate the service as a whole• Terminate a user’s access• Change these terms of use (advance notice can be provided)

These terms ensure that the responsibility of a user’s online activity is placed solely on the user, however also gives Instagram the option to modify the service or the terms of use at any point.

(Instagram 2013)

Instagram Terms of Use

Rights:Copyright Ownership

Instagram does not claim ownership of any content and expressly state that any content posted by user is legally owned by that user. This seems fair, however the following clause grants Instagram the right to use any content without consent:

• The terms stipulate that users grant a ‘non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license’ to any posted content. Legal terms such as transferable and sub-licensable actually enable Instagram to sell any content posted on the service to Advertisers.

The clauses relating to copyright ensure that the Instagram brand is protected through trademarking and licensing and appears to give users full ownership and control over their content, yet loopholes mean your content is not as protected as you think.

(Instagram 2013)

Instagram Terms of Use

Rights:Privacy

There are several clauses in the Terms of Use which refer to Instagram’s Privacy Policy, however the following are most notable:

• Instagram now reserves the right to share information with its newly acquired Parent company, Facebook. Whilst Instagram have stated that it will solely improve function between the two sites, it could be argued that this term would enable Facebook to better target their advertisements with the help of photographs and other data from Instagram.

• Instagram may also use any information such as usernames and photos in the interests of delivering paid or sponsored content or promotions, without compensation.

Protecting your own content from Instagram is as easy as setting your profile to private, however doesn’t that defeat the purpose of “capturing and sharing the world’s content”?

(Instagram 2013)

What are the consequences of a breach of Instagram’s Terms of Use?

Any form of non compliance with the Terms of Use will result in your account being terminated.

It seems that the most common form of breach of Instagram’s Terms of Use is through the posting of nude, partially nude, inappropriate or sexually suggestive photos. Nine times out of ten however, the user will simply sign up again with a new username.

(Instagram 2013) (Instagramers.com 2011)

Criticisms against Instagram’s Terms of Use

Instagram’s Terms of Use were updated in January 2013, with the announcement of the update being given in December 2012. The announcement was met with widespread criticism from existing Instagram users:

• A new clause stated that users agree that any business may pay Instagram for the ability to display any user’s username, likeness or any of their photos without notice or compensation to the user.

• The clause also did not allow the user to opt out of this agreement without deleting their account.

The criticism from privacy advocates and celebrities, which drove many to delete their Instagram accounts and switch to other services, was later reworded by Instagram.

This suggests that Instagram was simply seeing what they could get away with…

(Pepitone 2012)

Terms of Use:Always remember…

Terms and Conditions for online services are a legal measure to ensure that the service provider is neither responsible nor liable for any activity by

any user.

It is therefore paramount that you, the user, understand all the terms you are bound by.

Next time, don’t just agree. READ.

References

Horakzek, S. (2012). Instagram's New Terms of Service Make Lame Filters The Least Of User Worries. Pop Photo. Retrieved from http://www.popphoto.com/news/2012/12/instagrams-new-terms-service-make-lame-filters-least-user-worries

Instagram Terms of Use. (2013). Retrieved from http://instagram.com/about/legal/terms/#

Instagramers.com. (2011). Pablo Almansa Removal Notification [Image]. Retrieved from http://instagramers.com/destacados/mama-instagram-removed-my-account/

Pepitone, J. (2012, December 18). Instagram can now sell your photos for ads. CNN Money. Retrieved from http://money.cnn.com/2012/12/18/technology/social/instagram-sell-photos/index.html?iid=s_mpm#comments

Rusli, E. (2013, September 8). Instagram Pictures Itself Making Money. The Wall St Journal. Retrieved from http://online.wsj.com/news/articles/SB10001424127887324577304579059230069305894

Smithers, R. (2011, May 11). Terms and conditions: not reading the small print can mean big problems. The Guardian. Retrieved from http://www.theguardian.com/money/2011/may/11/terms-conditions-small-print-big-problems

Background image used throughout:1964Log. (2013). instagram_SS [Image]. Retrieved from http://1964log.blogspot.com.au/

The Instagram logo is trademarked and has been used to represent the service being discussed in this presentation. Instagram or its affiliated company Facebook does not endorse or support this content.

All content used in this presentation remains the property of the owner – all sources have been referenced above.

Created by Laura Capel for NET303 – Internet Politics and Power (Curtin University).