Instagram situation

Discussion in 'General Shop Talk' started by KMH_86, Dec 26, 2018.

  1. KMH_86

    KMH_86 TPF Noob!

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    I didn’t run back to the forum to update everyone as soon as it happened. It was resolved by the afternoon yesterday. So while the story was up for about 18 hours or so, it did in fact get removed and that account was notified by IG about what’s going on.


     
  2. WalterRowe

    WalterRowe TPF Noob!

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    I think you did the right thing. Nothing legal is reasonable (in terms of involving the court). You would be unable to demonstrate significant "damage" or "lost revenue" in this situation. If it disappears within 24 hours regardless of you filing a DMCA with IG, then the loss is minimal at best.
     
  3. zhounder

    zhounder TPF Noob!

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    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.
     
  4. WalterRowe

    WalterRowe TPF Noob!

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    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.
     
  5. Trever1t

    Trever1t Been spending a lot of time on here!

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    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.
     
  6. Dikkie

    Dikkie No longer a newbie, moving up!

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    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.
     

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