Instagram’s New Terms of Use

Food bloggers be on alert of Instagram’s new terms of use.  If you post photos on Instagram, as of January 16, 2013, Instagram will have a perpetual license to use your photos.  If you read the first clause under the “Rights” section of the terms of use and the first clause under “Proprietary Rights in Content on Instagram,” you will see that Instagram isn’t claiming ownership of the photos.  You will still own copyright, meaning you can sell or license your photo to someone else, as you are the owner.  However, what they are claiming is what is called a perpetual license, meaning that they can license your photos to third parties without limitation.  In addition, they say “fully paid and royalty-free,” which means without having to pay you anything.  By using the site, you are agreeing to these terms, that is, agreeing that they have a license to use your content in any way without your permission.  If you don’t agree to these terms, you have until January 16 to cancel your account.


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