Instagram Implements Copyright Rules For Use Of Photos

Illustration (Photo: Unsplash)

JAKARTA - From now on, be careful if you want to use other people's photos taken from Instagram. Because now the social media company has the latest regulations regarding copyright or copyright.

Based on a report compiled from The Verge, Saturday 6 June, Instagram said if you want to embed a post on Instagram on the website, the pin must get permission from the original uploader, otherwise the pin could be sued by copyright regulations.

“While our terms allow us to grant sub-licenses, we don't provide one for our embed API. Our platform policies require third parties to have the necessary rights of the applicable rights holders. This includes making sure they have a license to share this content, if the license is required by law, "said Instagram to Ars Technicia.

Professional photographers tended to support the decision, as the new rules would benefit them from negotiating with the publishers that used their work. Until recently, most people generally felt free to post a post from Instagram on their own site without worrying about copyright issues. But now, that may be changing.

Initially, this happened when the international news site Newsweek was sued by photographer Elliot McGucken, in which they embed Elliot's work of a photo on their website, arguing that he did not give Newsweek permission to use the photo.

Newsweek countered that it didn't require McGucken's permission as it could get rights indirectly via Instagram. Instagram's terms of service require whoever uploads photos to grant a copyright license to Instagram, including to sub-license the same rights to other users. Newsweek argues that the license extends to the use of Instagram's embedding technology or feature.

Newsweek has reason to be optimistic about this argument because Mashable won a very similar case last April. The judge in the Mashable case ruled that photographer Stephanie Sinclair. "Give Instagram the right to sublicense the photo, and Instagram legally exercise that right by giving Mashable the sublicense to display the photo."

But in a surprise ruling on Monday, Judge Katherine Failla dismissed McGucken's lawsuit at an early stage. He argues that there isn't enough evidence in the records to decide whether Instagram's terms of service grant a copyright license for embedded photos.

By directly stating that users of its include features do not get a license from Instagram to display photos, Instagram prevents future defendants from using Mashable's arguments. It would be difficult for Newsweek to convince a judge that it has a sub-license from Instagram when Instagram explicitly claims otherwise.

But now, Instagram is exploring the possibility of giving users more control over embedding photos. And users have the right to give others permission to use copyrighted works, as well as the right to prevent others from using copyrighted works without permission.

"Without mentioning any exceptions for embedded content. And the site prohibits the insertion of content in a way that violates anyone's rights, including intellectual property rights, "explained Instagram.