From ASMP:
On December 17, Instagram announced new Terms of Service that would include
allowing the company to use uploaded photos in its own advertising. The new
language also appeared to allow Instagram to use uploaded images in third-party
ads — earning money for Instagram — with no compensation to the photographer.
The photo community’s negative reaction was immediate and a day later,
Instagram apologized publicly for any misunderstandings and said it would
modify the new rules.
After considering the situation and discussing it with our fellow trade
associations, ASMP and PPA, NPPA, PACA, APA and GAG have issued a statement to
the press and have sent the statement to Instagram in the hope of beginning a
dialog. The statement reads, in part, “We are pleased that Instagram is
listening to the complaints, and we are willing to work with them and review
any proposed terms to avoid new terms that are confusing or misleading. For
example, it is unreasonable to expect any content creator to have obtained
releases from third parties depicted in the content, or to indemnify Instagram
for any third party rights for any commercial use of the content.” See the full
statement here.
ASMP has concerns about the future terms of social media sites. According to
Executive Director Eugene Mopsik, “All of the major social media sites are
for-profit operations and, as such, must ultimately monetize images to earn
revenue. As an association of photographers who earn their living by licensing
the use of their images, ASMP urges all social media sites to adopt fair and
businesslike terms of service including user opt-in options as well as
compensation for images used.”
ASMP will continue to monitor the situation, keep members informed and speak
out on your behalf.
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