How Instagram’s use of embedding posts may change dramatically soon, as Facebook’s photo-sharing platform makes it clear that terms of service do not give websites a license to include other people's posts.
This means that anyone who runs a profitable site needs to ask the owner of the image a separate license if they want to share this image using the embed feature, and failure to do so may result in a copyright lawsuit.
A Facebook spokesperson said: "Our conditions allow us to grant a sub-license, but we do not grant a license to the embedded API, and our policies require that third parties have the necessary rights from rights holders, and this includes ensuring that they obtain a license to share this content, if the license is required by law ".
The news comes after a legal defeat for Newsweek earlier this week, when a judge ruled that the magazine could not reject the photographer's complaint based on Instagram's terms of service, and Judge (Catherine Failla) said that there was no evidence that Instagram granted such Sub-license.
Although the platform has not specified any part of its policy that includes embedding rights, the copyright page says: "Users reserve the right to grant permission to use the copyrighted work, as well as the right to prevent others from using the copyrighted work without permission." , Without mentioning exceptions to the included content.
The site prohibits the inclusion of content in a manner that violates any rights of anyone, including intellectual property rights, and Instagram said it is exploring more ways to allow users to control the inclusion.
Professional photographers are likely to welcome the Instagram ad, but it is difficult to guess the effect of this policy on ordinary users, and if the company does its best to clarify this policy, most people will not know that they need to obtain permission before they can include someone's photo.
It is noteworthy that professional photographers can currently only stop embedding by making images private, which greatly limits their reach on Instagram, and it appears that the movements of the platform may make the inclusion of content from any other social networking platform more dangerous.
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