Instagram situation

[WalterRowe]

KMH - Just so you’re aware, beyond what you did is about all you can do, and you got lucky they did anything in your favor. The fact the matter is that the TOS that you agreed to gets you to completely give up all rights to your images when posted to IG.

Now in your case you didn’t actually do the posting of the image, which is probably why they actually acted at all. However, if you had been forced to seek legal action, you would have needed to actually sue your friend, not IG or the violating company.

According to the TOS of IG the company has the right to use the images they get off their site. In fact a couple of years ago a major suite was brought against a person who took IG images, with the text, and blew them up poster sized. He then printed and sold them for millions. When the original posters sued him, they actually lost.

First, when you share ANY image to anyone for any reason, expect it to be stolen. Second, count yourself lucky this time.

We grant Instagram the rights necessary to make their service perform as advertised. We grant IG no rights that allow anyone else to use our images.

Here are the Instagram Terms. Look for the section titled "Permissions You Give to Us".
Terms of Use | Instagram Help Center

The case you cite against Richard Prince who made posters from other people's Instagram posts is not related to rights we grant Instagram. Richard Prince blew up other people's image posts to poster size and sold them. As an aside, he is currently in the middle of multiple law suits and most likely will ultimately lose on all accounts (see here).

The Richard Prince case is relevant because one person cannot misappropriate another person's image and that is what is he charged with doing (copyright infringement). A successful copyright lawsuit would have to prove intent and that you incurred damages.

 

[Trever1t]

As you’ve found, FB and IG are both responsive to unauthorized use of copyright materials. I’ve had very similar experiences with similar results.

 

[Dikkie]

I've had photos stolen and reused by others before too.
Oh well... it's not worth to put in much energy to do what exactly... until someone else steals it again?

Anyway, see it as a good compliment for your photography work, no one wants to steal bad photos, no ?


What often occurs is that people who steal it, they somehow mess with it and crop it a wrong way and totally f*ck up your image and thén put it online again. That's aweful... and really a pity.