June 15, 2021
Potential Instagram Intellectual Property Rights Violations Center around using Embedded Media

Instagram may Soon Require Explicit Permission before Embedding Images

Instagram says that its platform’s embedding feature doesn’t grant third-parties intellectual property license for pictures…

Social media might be a great medium for expression and sharing. But, it’s rife with potential legal issues. One in particular — the rights of individuals and brands when it comes to their intellectual property. Now, Instagram — a subsidiary of Facebook — is telling its users that its site tools don’t grant licensing for using photos taken by others.

Potential Instagram Intellectual Property Rights Violations Center around using Embedded Media

A case in point comes between physicist and photographer Elliot McGucken and Newsweek. In 2019, the publication asked McGucken to print a picture he took of a temporary lake in Death Valley. McGucken declined to license the media. But, Newsweek embedded the photo instead. That resulted in a legal battle.

So, this means that individuals, businesses, and publications alike are legally obligated to request permission from the owner before using Instagram’s embed feature. Otherwise, it could be cause for IP law violations. A spokesperson for Facebook explains:

“While our terms allow us to grant a sub-license, we do not grant one for our embeds API. Our platform policies require third parties to have the necessary rights from applicable rights holders. This includes ensuring they have a license to share this content, if a license is required by law.”

Ashley Lipman

Ashley Lipman is a super-connector with Outreachmama who helps businesses find their audience online through outreach, partnerships, and networking.

View all posts by Ashley Lipman →