Most photos and videos uploaded to Instagram are copyrighted. When users upload their images and videos to Instagram, they give the right to use them to Instagram (Instagram, Inc.), which allows them to legally display their copyrighted work on Instagram.
The Terms of Use specify the scope of use by which users will automatically license all uploaded images/videos: “[user] grants Instagram a non-exclusive, fully paid and royalty-free, transferable, sublicensable, worldwide license ”.
This essentially means that the user retains the copyright to the image, as the license to use it is not exclusive. Instagram, on the other hand, has the right to allow additional uses based on its license – this is typically due to the involvement of hosting providers and other technical contributors.
However, based on the Terms of Use, users who upload a photo to Instagram by accepting the terms of the Site do not consent to other users of Instagram using their copyrighted work in any way.
Photographs uploaded in this way may only be used by the user who uploads the photo or by anyone licensed by Instagram by the Instagram license terms. Other Instagram users will not, as Instagram will not permit them to do so as described above.
“[User] may not post, distribute, transmit, broadcast, sell, license or otherwise use the Instagram Content,” the company said in a statement.
That is, if we have not obtained permission to use the uploader of that image or video, we should not download and share it on our blog. According to the Instagram Terms of Use, the only legitimate use of videos and images is to display them with an embedded link provided by Instagram, which is expressly supported by Instagram. In this case, under the licensing terms of Instagram, the linked content will be made available by Instagram itself in a new location to which Instagram is entitled under the above license.
