Guest Post: Your Instagram Legal Questions Answered (by Dana Miller)

Ask a Lawyer: Instagram EditionWho owns the content I post to Instagram?Assuming you’re posting original content, you do. Per the Instagram Terms of Use, available here, "Instagram does not claim ownership of any Content that you post on or through the Service." Simply put, this means that you retain all copyrights to any of your photos or graphics that you take or create and post on the site. However, by using Instagram, you do grant them a non-exclusive worldwide license to use your content. This means that Instagram can pretty much do anything with your photos like share them or use them in advertising based on this permission.Do I have to disclose sponsored posts?Absolutely yes! The Federal Trade Commission (FTC) has promulgated guidelines that regarding disclosure in advertising that extends to posts on social media. The premise of these guidelines is to promote transparency of the relationship between content creators and their sponsors in order to protect consumers. Here are a couple answers to a few commonly asked questions:When do I have to disclose?Any time there is a material relationship between the sponsor and content creator that a reader should be aware of. This means if you are being paid to post or are posting a product you received for free in exchange for a post. When in doubt, disclose.What constitutes an appropriate disclosure?An average reader needs to be clear on the meaning of the disclosure. The FTC has state that #spon is not sufficient. Similarly, #sp would not be sufficient. However, #ad or #sponsored likely would be. Something along the lines of "This post is sponsored by Brand X" or "I received this product from Brand X to review" is likely sufficient.Do I need to disclose on each post if I post a product multiple times?Yes, you’ll need to post a disclosure on each mention of the product. You can’t assume your audience has seen all yourother posts and would put it together. You can find more information on the FTC Guidelines here.Can I repost a photo I found on Google on Instagram?The short answer to this question is no. When you do a Google search, you are seeing other people’s copyrighted photos. Using a picture and providing a link back and credit is not sufficient. Without the original creator’s permission, this is still copyright infringement. The safest route is to either get permission from the content creator, use your own photos, or use some of the resources mentioned in the next section.What kinds of photos can I legally post?So after the last question, you may be wondering what photos you can legally use.First, any photos you take yourself. You own the copyright to these photos and can post them freely on Instagram.Second, any photos that are in the public domain. While the public domain guidelines can be a little complicated, anything originally published in the U.S. before 1923 is considered part of the public domain and can be used and remixed without having to worry about copyright infringement. Here’s a chart that is helpful in determining if something is in the public domain.Photographers can also dedicate their photos to the public domain. If you come across one of these creators, then you can use these photos in the same way.Third, you can use Creative Commons photos subject to their individual licenses. Creative Commons licenses have come about as a way to simplify and streamline the realm of licensing to make it easier for both artists and content users.For example, a Creative Commons 0 license like the one used by Unsplash.com allows individuals to adapt, remix, and use the content however they like, even commercially, without attribution. This is basically akin to the work being in the public domain.However, a Creative Commons Attribution 3.0 license allows you to share, remix, and adapt the work, even commercially, but requires that you provide attribution to the creator, a link to the license, and an indication of what changes you made.It is important to carefully read Creative Commons licenses because they indicate how you can use and build on the work, whether it can be used for commercial purposes, and whether attribution is required.You can find more info on Creative Commons licenses here.Finally, you can use any content If you have permission from the original creator. So if there’s a photo you love and like to share, just ask the photographer. More often than not, they’d be happy to allow you to share with a link back to them.If you have any other questions, please let me know and I’ll be happy to try and answer them!Note: The information in this article is for informational purposes only and does not constitute legal advice. You should not use this as a substitute for consulting with a lawyer about your particular situation.Dana Bucy Miller is a Baltimore-based lawyer for artists and creative entrepreneurs. She is passionate about helping individuals start, grow, and protect their businesses, both online and off. You can find out more about her and her practice here.