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Author Topic: Judge rules in favor of Mashable linking to a Instagram user profile and image  (Read 273 times)

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Uncle Pete

  • Great Place by a Great Lake - My Home Port
« on: April 15, 2020, 14:39 »
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Kind of complicated. After reading it's possible that the Instagram TOS have changed. But short version. Mashable was doing a feature on important Women photographers. Asked one of the ten selected artists, STEPHANIE SINCLAIR, if they could use one of her images for $50. (image that is on Instagram) They did the story by linking to her Instagram account, with her publicly published version of the photo.

Read that again. They didn't link to the photo, which would be illegal, they linked to her account.

https://www.hollywoodreporter.com/thr-esq/court-rules-photographer-gave-up-licensing-rights-by-posting-instagram-1290170

Judge: "Unquestionably, Instagrams dominance of photograph- and video-sharing social media, coupled with the expansive transfer of rights that Instagram demands from its users, means that Plaintiffs dilemma is a real one. But by posting the Photograph to her public Instagram account, Plaintiff made her choice. This Court cannot release her from the agreement she made."

And to make this easier to see, nice story, the article that used her Instagram account to illustrate her work. I just looked, I think they removed the link or she removed the photo, so nothing to see.

https://mashable.com/2016/03/19/female-photojournalists-social-justice/



 

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