Instagram says no to using photos without photographers’ permission

1 year ago 71
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NEW DELHI: Websites need photographers’ permission to embed

Instagram posts

, says the company. In case they don't, the post owner can sue them for breaching copyright. In an email to tech website Ars Technia, Instagram said that it does not provide users of its embedding API a

copyright license

to display embedded images on other websites.
"Our platform policies require third parties to have the necessary rights from applicable rights holders. This includes ensuring they have a license to share this content, if a license is required by law," said

Ars Technica

in the mail. The company added that it is exploring the possibility of giving photo owners more control over photograph embedding.
The new rule comes after

NewsWeek magazine

lost a case against photographer McGucken, who had sued the magazine for copyright infringement. NewsWeek wanted to use a McGucken's photo, but he turned down their offer. So Newsweek embedded a post containing the same photograph from his Instagram feed.
McGucken sued NewsWeek for copyright infringement, claiming that he did not give the publication permission to use his photo. Countering this in court, Newsweek said that it did not need McGucken's permission as it could get rights indirectly via Instagram. It quoted Instagram's terms of service, which, it said, say that anyone uploading photos to provide a copyright license to Instagram -- including the right to sublicense the same rights to other users.
However, Judge Katherine Failla dismissed Newsweek's appeal to drop McGucken's lawsuit.
In a statement, Instagram said that people need to have the necessary rights to embed content, "In accordance with our platform policies, we ask that people gain all necessary rights from others before sharing their content.'

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