An interesting copyright case recently brought up the issue of copyright on Instagram, which is quite complicated. It was brought to court that Newseek magazine used its post on Instagram without permission from a photographer. When the photographer sued the magazine, the magazine management argued that the sub-license was obtained by taking the image from Instagram and that this was not a violation.
In a recent report, Newsweek used a rare lake photo of a photographer named Elliot McGucken taken in Death Valley National Park as a result of heavy rain. The use of this photo resulted in the photographer’s Elliot McGucken filing a copyright claim to the magazine.
When Newsweek’s copyright permit application to Elliot McGucken was rejected by the photographer, the magazine posted this photo from Elliot McGucken’s Instagram post on their site. Elliot McGucken, on the other hand, filed a copyright infringement lawsuit with Newsweek on the grounds that he did not allow this sharing after this incident, but Newsweek stated that in response to this case, they were able to obtain the copyright directly from Instagram.
The photograph taken by Elliot McGucken:
Anyone who uploads photos to the app according to the terms of service of Instagram has given Instagram a certain copyright containing a ‘sub-license’ that allows other users to take advantage of the terms. According to Newsweek, this copyright in terms of service also applies to accounts that use technology to add someone else’s post to their website, just as Newsweek did.
The fact that Newsweek was so comfortable with the case based on these terms of service also extends to a similar copyright case in the past. A digital media company called Mashable won a very similar case in court last April. In this lawsuit filed by Mashable by photographer Photographers Stephanie Sinclair, the judge decided that it was not a copyright infringement that Mashable added the photo of Stephanie Sinclair to his site, thanks to the sub-license that Instagram provided to other users in accordance with the terms of service accepted by the user.
The judge, Katherine Failla, who looked surprisingly at the Newsweek case last Monday, decided to take the case to the second hearing, arguing that Instagram’s sub-license did not provide sufficient information that another person’s post could be added to another website without the permission of the person. .
An explanation came from Instagram:
An explanation came from Instagram about this sub-license. In his statement, Instagram stated that Instagram does not provide a sub-license for photos and posts placed on another platform or site. Accordingly, even if users use the API, they still have to get permission from the original owner of the post. This situation, which gets complicated with these explanations coming from Instagram, seems to take a long time to be solved.