[pure-silver] Re: Instagram says it now has the right to sell your photos

  • From: "K W Hart" <kwhart1@xxxxxxxxxxxx>
  • To: <pure-silver@xxxxxxxxxxxxx>
  • Date: Tue, 18 Dec 2012 22:45:26 -0500

I am not a lawyer, nor do I play one on TV.

Generally, ownership of the original negative indicates ownership of all photos made from that negative, _Absent_ any other agreement, such as Instagram's fine print. You may own/possess the negs, but it is possible that a written notice might allow someone else to use the photo in any way they want. You might be agreeing to that fine print just by uploading your images to their site.

Also, if you created the negatives on someone else's time, your negs might be considered "work for hire" and not your property. (Years ago, a local photographer broke his foot. He called me in, I used his studio, his equipment and materials, and he paid me an hourly rate. My work was most definately work for hire, and his property. In this case, I felt well paid, as it was a learning experience)

I suspect that Mr Daneliuk has been around the block enough times that he is aware of copyright/ownership issues, but others here might not be as knowledgable as he, and I throw this out for further discussion.

Ken Hart
kwhart1@xxxxxxxxxxxx


----- Original Message ----- From: "Tim Daneliuk" <tundra@xxxxxxxxxxxxxx>
To: <pure-silver@xxxxxxxxxxxxx>
Sent: Tuesday, December 18, 2012 10:20 PM
Subject: [pure-silver] Re: Instagram says it now has the right to sell your photos


On 12/18/2012 09:08 PM, Bob Younger wrote:
They have "retracted" that statement, saying (to effect) that the choice of words was poor and that they had no intention of selling people's photographs. Reading the original change to the data rights clause I have little doubt that they did intend to grab some rights to people's photographs; but the backlash and potential exodus of users was a bit overwhelming so they've backpedaled. What's more disturbing is what this reveals about their appraisal of the intelligence and savvy of their user base.
Bob Younger


None of this bothered me - they don't have my negatives....

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Tim Daneliuk     tundra@xxxxxxxxxxxxxx
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