USA: Photographer gives up exclusive licensing rights by posting on Instagram
A US Court ruled on April 14th that photographer Stephanie Sinclair had given up exclusive licensing rights by posting on Instagram. Her photograph was embedded in a story on Mashable against her consent after she turned down a fee of $50. She sued and she lost.
This is because, according to U.S. District Court Judge when "Sinclair uploaded the photograph to Instagram and designated it as 'public,' she agreed to allow Mashable, as Instagram’s sublicensee, to embed the photograph in its website".
Read the full story here …
The contrary decision in Goldman v. Breitbart, also about embedded images in SM, gets only a brief mention. This is because the T&C of each SM site are different as well as the Facts of the case.
"As with the Goldman case, the Sinclair holding is not binding on other courts and does not create a per se rule with respect to the practice of embedding, and each case will likely depend on the specific circumstances present" explains Lindsay R. Edelstein for DMLA here.
The case was lost on the copyright front but really is a case for competition. A photographer seeking promotion has no other choice than opting for the public mode. Instagram is abusing of its position by forcing into T&C so obviously contrary to the interest of photographers.
