Dec
19
The new terms actually make things clearer and — importantly — more limited. That “on, about, or in conjunction” with language is dead and gone. Now you’re only agreeing that someone else can pay Instagram to display your photos and other information only in connection with paid or sponsored content. These phrases have very specific meanings — Instagram can’t sell your photos to anyone, for example. It simply doesn’t have permission. And Budweiser isn’t allowed to crop your photo of a bar, slap a logo on it, and run it as an ad on Instagram — that would go well beyond “display” and into modification, which Instagram doesn’t have a license to do. (In fact, the old Instagram terms allowed for modification, but the new ones don’t — they actually got better for users in that regard.) In technical legal terms, Instagram doesn’t have the right to create a “derivative work” under 17 USC §106. The company can’t sell your photos, and it can’t take your photos and change them in any meaningful way.
No, Instagram can’t sell your photos: what the new terms of service really mean | The Verge