Instagram "Terms and Conditions" = Instaconfusing

Image from: http://bbook.com/art/richard-prince-thief-genius-527/

In 2014, famous appropriation artist Richard Prince held a high art exhibition in New York’s Gagosian Gallery entitled “New Portraits”. The portraits included in the show were in the style of Instagram snapshots, similar to those taken from an iPhone screenshot. The show acquired global attention, however, when it was exposed that the artist had taken all his images from other people’s Instagram accounts without their permission. As this information spread, some of the owners of the photos became infuriated (and rightfully so) especially after they learned that some of their own images had sold for close to $100,000. Many Instagram users who were featured in the show were determined to take back what was “rightfully” theirs, however, none have been successful so far. Prince has avoided copyright laws as he has added his own artistic elements to the work, such as the Instagram elements and his own comments that were added in afterwards.

Image from: http://www.artuner.com/artists/richard-prince/

Some of the photos used in the show are the work of other photographers who use Instagram as a space to market their own work. This was the case for Donald Graham, who is now attempting to sue Prince for stealing his photography and profiting from it.

Graham’s “Rastafarian Smoking a Joint”, and Prince’s version from “New Portraits”

Image from: http://petapixel.com/2016/01/04/photographer-sues-richard-prince-for-stealing-his-instagram-photo/

While Instagram does not claim that it owns any photos that you post to their platform, the site is not a safe place in which one cannot use your content without your knowledge. But how does this translate to others taking your photos without your consent? This would not be allowed on Instagram, according to their Terms and Conditions, as they shut down accounts that “steal” photos from other users and post them as their own. However, as artists begin using these social platforms for business purposes in order to brand their work, lines become blurred in terms of what content is personal or public when published in a public forum.

Under Instagram’s “Rights” section, it claims:

“Instagram does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service's Privacy Policy, available here http://instagram.com/legal/privacy/, including but not limited to sections 3 ("Sharing of Your Information"), 4 ("How We Store Your Information"), and 5 ("Your Choices About Your Information"). You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.”

Following the link I found the following information:

“Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users and subject to use under our Instagram API. The use of the Instagram API is subject to the API Terms of Use which incorporates the terms of this Privacy Policy.”

However, the “API Terms of Use” link brings you here:

As explored in class, terms and policies for these social media sites are often broad and difficult to understand and many users don’t understand their own rights when using these networks to display their own personal information. In the process of branding oneself, using “free” services to gain popularity and possible revenue for themselves through advertising, the user has actually given up their right to the images they post, both in terms of Instagram using and selling your photos to others, as well as others accessing and using your product for their own gain.

Image found: http://www.vulture.com/2015/05/welcome-to-frieze.html

Sources: https://help.instagram.com/478745558852511/?ref=hc_fnav

http://www.theverge.com/2015/5/30/8691257/richard-prince-instagram-photos-copyright-law-fair-use