Instagram may require permission before embedding someone else's photos

guest · Jun 5, 2020

Instagram may require permission before embedding photos
The company said its embed feature doesn't give parties license to display photos
June 5, 2020
https://www.engadget.com/instagram-embed-feature-statement-202123688.html

How you use Instagram’s embedding feature may soon change significantly. In a statement to Ars Technica, Instagram said it doesn't give people who use its embed feature a copyright license to display the image they're embedding.

"While our terms allow us to grant a sub-license, we do not grant one for our embeds API," a spokesperson for Facebook said. "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."
In other words, individuals, businesses and publications need to ask someone for a separate license if they want to share their content using Instagram's embed feature. Failing to do so could lead to a copyright lawsuit.
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While professional photographers are likely to welcome Instagram's announcement, it's hard to guess what effect this policy will have on regular users. Unless the company goes out of its way to highlight the policy clarification, most people won't know that they need to obtain permission before they can embed someone's photo.

Instagram also told Ars Technica it's exploring ways to give users more control over who can embed their photos.
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Ars Technica: Instagram just threw users of its embedding API under the bus

But it could also significantly change the culture of the Web. Until now, people have generally felt free to embed Instagram posts on their own sites without worrying about copyright concerns. That might be about to change.
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guest · Jun 7, 2020

Did Instagram Just Say It's Rewriting Online Copyright?
June 5, 2020
https://gizmodo.com/did-instagram-just-say-its-rewriting-online-copyright-1843928607

In one fell swoop, Facebook may have changed its mind about how the online news media will operate from here on out.

While our terms allow us to grant a sub-license, we do not grant one for our embeds API. Our platform policies require third parties to have the necessary rights from applicable rights holders.
Some will worry that it bodes a future in which publications retroactively strike every Instagram embed from its archives in order to avoid lawsuits.

“It strikes me more as a policy decision, in that Instagram may have worried that people would post fewer creative things if they believed doing so would strip it of copyright protection,” attorney Nicholas O’Donnell, who specializes in fine art copyright law, told Gizmodo. O’Donnell speculated that the statement is likely “a reaction” to a New York federal judge’s ruling in April that sided with Mashable.
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“Inline linking does not result in publication, but it absolutely results in public display,” Jon Garon, law professor at Nova Southeastern University, told Gizmodo.

Will blogs have to go back and scrub their archives? Garon conceded that there will probably be an uptick in copyright trolling, yes. But, he predicted, the “vast majority” of reposting on social media will continue to fall under fair use.
The more ominous element of this story is that an offhand comment from Facebook is a story. Facebook doesn’t want to govern, but it makes the laws.
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guest · Aug 6, 2021

Photographer Wins Copyright Lawsuit Centered on Instagram Embeds
August 5, 2021
https://petapixel.com/2021/08/05/photographer-wins-copyright-lawsuit-centered-on-instagram-embeds/

Renowned nature photographer and Sony Artisan Paul Nicklen has won a copyright lawsuit against the Sinclair Broadcast Group, which embedded a video from Nicklen’s Instagram on its website and featured a screenshot from it without seeking permission.

As noted by JD Supra, Niklen shot a short video of a starving polar bear and posted it to Facebook and Instagram in 2017. PetaPixel published the clip with permission from National Geographic, but neither Nicklen nor National Geographic provided permission to the Sinclair Broadcasting Group, which embedded the Instagram post to its own sites and teased the article with a screenshot taken from the video.

Sinclair asked the court to dismiss Nicklen’s complaint and argued that embedding a video is not copyright infringement and therefore the publication of the video was fair use.
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The rulings surrounding the embedding of content from social media have resulted in somewhat unclear rules of engagement for media publications.

Instagram recently adjusted its policies and states that media needs to still seek permission from artists in order to embed content from the site.
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