UPDATE: Instagram is back-peddling on this announcement faster than a highly trained monkey on a tricycle. In my opinion, they’re either lying about the sale, etc, of photos “never being our intention”, or they need to hire a new lawyer/writer. Either way, it looks like things (might) not be as bad as it initially seemed. With this news, I’m still not convinced to keep my account, but I’m not as convinced I need to delete it quickly. One thing is for sure: I’ll be watching this very closely. (Updated information as of 12/19/12 7:00 P.M. EST)
Dear Instagram:
We had some good times together. We shared a lot of dinners, giggled over ice cream, and spent summers at the beach. We had a good run, but all good things end eventually. Starting January 16th, you claim you have all rights to my photos – and can sell them without notification or payment to me – to whomever, and for whatever, purpose you want. This is not okay with me. I wish you had just asked me first, and given me the opportunity to say “thanks, but no thanks” and opt out of (or even better, opt into) this “new feature”. But you didn’t, so sorry and so long. It’s over, we’re over, I’m done with you and am deleting you (and my Instagram account) from my life. It’s a little bit sad, and I’m a little torn up over it, but this has to happen.
Besides, there are plenty of other photo-sharing fish in the sea.
I’ll miss you, though. At least for the first little while.
Yours,
Lauren (@laurensouch)
In case you missed this morning’s news, the new Terms of Service on Instagram are anything but good for users.
In summary:
- Instagram can share (and sell) information about its users with affiliates and advertisers.
- This means you could find your photos and/or identity in an advertisement without your explicit consent. Oh, and if a friend takes a photo of you and Instagrams it? You guessed it – you’re not safe here, either.
- It doesn’t matter how old you are: if a teen is using the service, it’s “agreed” that their parent/guardian is agreeing to the TOS. And parents who post photos of their kids aren’t exempt, either – those photos of little Johnny in his diapers could end up on a Huggies ad.
- Ads are coming to Instagram, but this sponsored content might not be labeled that way.
- The only way to opt out is to stop using Instagram: by using the service, you’re automatically agreeing to these TOS changes
I haven’t deleted my account yet, but I likely will in the coming weeks unless Facebook/Instagram does a 180 and reverses these new TOS. In the meantime, I 
plan to download all my photos. As it stands right now, these changes won’t apply to photos taken before January 16th, so your current feed is “safe” – but I use that word loosely, because I don’t trust Facebook/Instagram enough to think they might not make a change to that later on, too.
At worst, I’ll delete it and find a better photo sharing app (and no, Flickr is NOT an Instagram replacement, guys). At best, I’ll delete my current account, re-create it, be VERY careful about what I post, and watermark the hell out of everything I do share.
There is a chance I might continue to use Instagram: but I’d be creating a new name, new feed, and starting fresh, taking care to ONLY post content I’d be “okay” with seeing show up god knows where… and watermarking the hell out of it, at that. But that seems like a lot of work for just a little reward. I’m not nearly as addicted to Instagram as I am to Facebook, so it’ll be easier to “quit” the habit… especially since there ARE other options out there (lately, I’ve been really into TaDaa – it’s a killer photo sharing app with way more filters, control, and awesomeness than Instagram). Oh, and Twitter recently upped the ante in terms of competing with Instagram by adding filters to their photos, making that a viable option for quick photo shares. And let’s face it, 50% of my Instagram use is feeding my photos through to Twitter.
It’s not about thinking the Instagram powers-that-be would actually take photos of my dog, my food, or my feet and sell them; it’s the principal behind it. I don’t think advertisers would ever find my stuff (or my face) that interesting, but the fact is it’s wrong that they think they can just take our content and do what they will with it.
Facebook currently has similar TOS – but the big difference here is (and correct me if I’m wrong) – Facebook currently does not claim to have the right to SELL your photos, or your name/likeness, to advertisers.
Facebook’s Terms of Service:
“…you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.”
Instagram’s new Terms of Service:
“Some or all of the Service may be supported by advertising revenue. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you.”
Please note nowhere in the InstraWhat really irks me about this is that not all social media is like this. Instagram, before being bought by Facebook, was great about trying to protect our rights. Flickr doesn’t claim to own rights to your photos, and neither does Google Plus. Lots of other photo sharing platforms don’t, either. It’s by and large a Facebook thing: so while I’m not surprised by this, I am disappointed both in how the change was carried out and how far past the line they’ve gone this time.
To quote someone I know, “this is just how social media is now, if you’re not paying for the product, you are the product”.
Sad, but true.
