The ability to share information – and photographs in particular – via social media has made it easy for users to let their contacts and friends instantly know where they are, what they are doing and what they are looking at. Instagram is an application which enables users to apply filters to their photographs and upload them onto Facebook, Twitter, Tumblr, Flickr and other social media sites.

With a 150 million users, Instagram is one of the most popular online communities for photo sharing. However, its growth took a major hit when, after it was acquired by Facebook in 2012, it tried to change its terms of use. These new terms stated that Instagram could:

  • share information about its users with Facebook, advertisers and other companies;
  • use their photos and likeness for advertisements without their knowledge - including underage users;and
  • use their photos for advertistements which were not labelled as such.

Within a couple of days, Instagram lost over a million users who reacted angrily to what they saw as an attempt to make money out of their personal photos. Instagram acted quickly to reverse the change to its terms following the backlash and the furore died down. We shall probably never know how much lasting damage was done to its reputation and the people's confidence in the use of social media but what was clear is that people are alive to protecting their rights, something which perhaps Instagram failed to anticipate.

So, how far are you protected today when you post your photos on Instagram?

Terms of Use

According to Instagram's Terms of Use, if you are a registered user:

  • you can make a report where another user has violated your copyright;
  • you automatically grant Instagram a licence to use your photographs. The licence can be transferred or sub-contracted by Instagram and its scope is worldwide; and
  • Instagram may place advertisements on or about your photographs.

Can you do anything about it?

The disappointing reality is, probably not. Instagram's Terms of Use are very limiting and do not invite challenge. Instagram is subject to the laws of the State of California, which makes it difficult, if not impossible, for users from outside the jurisdiction to challenge its terms. In any event, a user has one year within which to bring any claim against Instagram.

Even if you are successful in bringing an IP-related claim, Instagram limits its liability to you to a minuscule $100.

Unless you opt-out of this specific term, you also agree to resolve disputes by arbitration under the American Arbitration Association's rules. If you opt-out of the arbitration terms then disputes will be determined according to the laws of the State of California.

The only way for you to opt-out of the Terms of Use is to delete your account. Instagram's Terms of Use make it clear that you agree to be bound by the terms as soon as you access Instagram, regardless of where it is accessed from.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.