Instagram could change the way of sharing the content of its social network, since the company reported that it does not grant sub-licenses to embed the photos published by other people.
According to ArsTecnica, the terms of services of Instagram require that “third parties have the necessary rights of the applicable holders”, that is, that any person, editor, content creator that requires sharing an image published on Instagram on its website, You must request the rights of the author of the same.
According to a Facebook spokesperson: “This includes ensuring that they have a license to share this content, if required by law.”
Instagram embedding API
Mark Zuckerberg’s company clarified to ArsTecnica, via email, how they handle the copyright of their embedding services:
Instagram does not provide users of its embedding API with a copyright license to display embedded images on other websites.
While our terms allow us to grant a sub-license, we do not grant one for our insert API.
Controversy generated after a recent lawsuit
Although this is news that surprises everyone, Instagram was forced to clarify this point, after the Newsweek site was disadvantaged, after a photographer sued the platform for embedding a photo without their authorization.
A New York judge ruled that the magazine could not dismiss a photographer’s complaint based on Instagram’s terms of service. This created confusion, mainly because previously, the Mashable site won a similar lawsuit because a judge argued that Instagram could sublicense photos.
In this sense, Instagram is clarifying these points that, as we see, notably favors photographers or authors of content on the social network.
Users retain the right to grant permission to use their copyrighted work, as well as the right to prevent others from using their copyrighted work without permission. Not to mention exceptions for embedded content. And the site prohibits embedding content in a way that violates the rights of any person, including intellectual property rights.
While this is an excellent measure for photographers who make life on Instagram, using the platform as a portfolio, it will undoubtedly complicate things for ordinary users, mainly for those who will not know if they can be sued if they decide to embed content that requires rights. From author.
Instagram explains that currently the only way to limit content embedding is for photographers to keep content private, which would limit the scope of their work on the social network.