Reply To: Instagrams

[cameraclicker]

I’m not sure hostile is the right word.

This is the part the lawyers don’t like:

(iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service;

 

I’m just the messenger.  I’m trying to keep you informed.  Perhaps no one will be interested in your low res photos, and that is fine.  But if you happen to post one that someone does notice, and it is licensed by Instagram, then subsequently someone is sued.  You are on the hook for the judgment even though you had no input regarding use of your photo, received no payment and were not a party to the court action.

A model release may minimize damage, but it would have to be an all encompassing release, and in the perverse world of US courts, you may need other releases as well since the parties involved may not make much effort to defend your rights since you are on the hook anyway due to the Instagram Terms of Service.

I’m addressing your thread, but I am also speaking to  all of those who happen upon your thread, who may not be posting low res photos that no one will look at, and who may have enough resources to make a lawsuit worthwhile.