Yesterday the internet blew up over a change in Instagram’s terms of service. If you were browsing your Twitter feed you would have seen headlines such as: “Instagram can sell your photos to advertisers” or “Instagram owns all of your content now”. All of this stemmed from an update to their terms of service agreement:
“To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you.”
Logically if those headlines and interpretations of the update were true what would the outcome have been? Would my selfies be turned into a billboard? Would my pictures of over priced lattes and gourmet doughnuts be used in a commercial? No. You have to remember that your photos (for lack of a better word) suck. You’d be hard pressed to find a brand that would actually use your content without permission regardless of the legal terms. Not only is this poor brand practice, but it just doesn’t make sense to use low MP filtered photos from people’s smartphones.
The line in Instagram’s TOS speaks directly to the way Facebook advertises (Instagram’s parent company) ”in connection with paid or sponsored content or promotions”. This means that a brand could use your photo in a sponsored method within the platform. This update to the TOS was clearly in preparation for a monetization strategy within Instagram, which has been confirmed in their apology. For example, if Starbucks had a sponsored image it could appear in your feed or if one of your friends used the Starbucks hashtag it could appear in the app as a sponsored unit.
Ideas and statements can spread like viruses on social media. Yesterday’s attack on Instagram was a prime example of nobody doing any actual fact checking and simply following generic headlines that have been pushed by sites and blogs seeking visits and click throughs. These headlines act like a bacteria that infests into the psyche of a casual user causing common sense to go out the window.
There was no need to panic.
If you are still thinking of deleting your account (or you already did), consider that almost every social network has these same terms in place for content and nobody has expressed such concern. Headlines influence the behaviour of the masses causing us to jump to conclusions, forget common sense, and ignore the actual facts. Instagram is a great, free platform to share moments and create images for friends to see – these terms do not change that fact. If we want it to remain free we are naive to expect that they wouldn’t introduce advertising, so what they are doing is really in the best interest of the user.
Instagram. I still love you. I’m not going anywhere.
For reference:
Instagram’s official response.
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Tom Nesbitt
December 19, 2012 @ 11:12 am
But since the backlash, was there not a response from the company stating it would change the language of the TOS to be less misleading? Perhaps the outcry was hasty, but I think the problem is in the language.
Stuart
December 19, 2012 @ 12:30 pm
There just selling a product, an idea. Instragram just eloquted it poorly. Then people’s hysteria kicked in. People are easily lead. You just have to press the right button. Regards, Stuart.
Liam
December 19, 2012 @ 1:19 pm
Great piece guys – prescient and correct. Headlines are like a fucking disease that consume us all.
JB
December 19, 2012 @ 1:35 pm
We’re all looking for an excuse to opt-out of social media outlets and get back to our real lives.
Jim Monteath (Grip)
December 19, 2012 @ 7:20 pm
If your headline was true, Patrick, I wouldn’t clicked the tweeted link to your article ;-)
Setting aside discussions on knee-jerk reactions and link-bait headlines for a moment, I find the sub-theme of Instagram’s use of language interesting. Not everyone thinks Instagram just accidentally worded it wrong: http://asburyandasbury.typepad.com/blog/2012/12/instagram-didnt-get-the-tone-wrong.html
Maria Garcia
December 23, 2012 @ 12:55 pm
A funny take on Instagram policies.
http://imgs.xkcd.com/comics/instagram.png
Jacoub
December 31, 2012 @ 9:21 am
I haven’t commented in a while, but with this a I feel compelled.
The social contract between the media (including SM networks) and people is as such.
We, the audience, agree to view/interact with advertisements and brands, our presence as an audience, our attention, and buying intentions are what we give.
In exchange these networks provide easier communication, and access to digital relationships.
In Instagram’s case it is even less of an offering. It is a quick way to edit and post photos taken on your camera. The conversations about the photos end up on facebook or twitter.
So in its base form Instagram is a convenience. They are free to find a way to monetize having the millions of users they have.
No where in the social contract, reaching all the way back to radio has the agreement been, we provide you with x, you watch our ads, oh, and we can do what we want with your content.
At that point the cost of using the convenience outweighs the benefits. Especially when there are other networks, and apps that do the same thing (Check out flickr’s mobile app).
And in the end that is what it comes down to. Service for a price, but the users can decide if the price is too high or not. And in Instagram’s case, it was.
The are going to revise their terms, and hopefully they will create something where the cost of usage is more acceptable. But until I understand the cost, I will not be using the service.
Its also a little off base to assume that only the headlines matter. I read the full agreement, and talk to a colleague who is a lawyer that specializes in digital copyright. The wording was ambiguous enough that they COULD put a photo of you in an ad. Whether they would or not is not the point.
Cheers
Jacoub
Jacoub
December 31, 2012 @ 9:23 am
Also, to turn the world inside out. I agree w Jim.
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