Under the new policy, Facebook claims the perpetual right to
license all pubic Intagram photos, companies’ photos or any other organisation,
including for advertising purposes, which would effectively transform the web
site into the world’s largest stock photo agency.
Another hidden danger in the policy: If Instagram users continue
to upload photos after January 16, 2013, a 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.
Facebook’s new rights to sell Instagram users’ photos come
from two additions to its terms of use policy. One section deletes the current
phrase “limited license” and, by inserting the words “transferable” and “Sub-licensable,”
allows Facebook to license users’ photos to any other organisation.
A second section allows Facebook to charge money. It says
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 language does not exist in the current terms of use.
It’s true, of course, that Facebook may not intend to
monetize the photos taken by Instagram users, and that lawyers often draft
overly broad language to permit future business opportunities that may never
arise.
EFF’s Opsahl says the new policy runs afoul of his group’s
voluntary best practices for social networks. He added: “hopefully at some
point we’ll get greater clarity from Facebook and Instagram.”
Instagram now has the right to sell your photos
Under the new policy, Facebook claims the perpetual right to
license all pubic Intagram photos, companies’ photos or any other organisation,
including for advertising purposes, which would effectively transform the web
site into the world’s largest stock photo agency.
Another hidden danger in the policy: If Instagram users continue
to upload photos after January 16, 2013, a 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.
Facebook’s new rights to sell Instagram users’ photos come
from two additions to its terms of use policy. One section deletes the current
phrase “limited license” and, by inserting the words “transferable” and “Sub-licensable,”
allows Facebook to license users’ photos to any other organisation.
A second section allows Facebook to charge money. It says
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 language does not exist in the current terms of use.
It’s true, of course, that Facebook may not intend to
monetize the photos taken by Instagram users, and that lawyers often draft
overly broad language to permit future business opportunities that may never
arise.
EFF’s Opsahl says the new policy runs afoul of his group’s
voluntary best practices for social networks. He added: “hopefully at some
point we’ll get greater clarity from Facebook and Instagram.”
