Published by LawTechie - December 18, 2012 - LawTechie

Earlier today I predicted that Instagram’s proposed terms of use language, specifically the right of publicity waiver, was not long for this world. Behold my timely, sweet internet vindication.

In a post aptly entitled “Thank you, and we’re listening” (props to Instagram’s PR guys), Instagram has posted on its blog that it will be coming up with new language to replace the current legalese which users have evidently misinterpreted:

Legal documents are easy to misinterpret. So I’d like to address specific concerns we’ve heard from everyone:

Advertising on Instagram From the start, Instagram was created to become a business. Advertising is one of many ways that Instagram can become a self-sustaining business, but not the only one. Our intention in updating the terms was to communicate that we’d like to experiment with innovative advertising that feels appropriate on Instagram. Instead it was interpreted by many that we were going to sell your photos to others without any compensation. This is not true and it is our mistake that this language is confusing. To be clear: it is not our intention to sell your photos. We are working on updated language in the terms to make sure this is clear.

I’m not sure that Instagram’s users, and several internet attorneys including myself, have misinterpreted the significance of the above language, but I applaud Instagram for paying such close attention to its user base.

Of course, as I noted in my previous post, this all could have been a ploy to test the waters and see how far Instagram could go before the users said, “No.” In any event, well played.

LawTechie is a blog focusing on trends in tech and digital media. Areas covered include intellectual property, cyberlaw, venture capital, transactions and litigation as they relate to the emerging sectors. The blog is edited by the firm's partner Tim Bukher with contributions from the firm's experts in their respective areas of law.


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