Yesterday, Facebook released new terms of service for their recently-aquired social media darling, Instagram. A couple of weeks ago, Facebook changed their privacy policy. What do you really need to know?
It's always good to know what you are signing up for, but you also have to realize that, unless you are paying for a service, the company will try (and be forced) to monetize it. Period. End of story. Facebook will monetize the content you post, so will Instagram, so will Twitter, so will Socioogle (wait for it, it will be huge).
Facebook's terms of service state that content can be used on the site per your privacy settings. For example, if you like Coke, Facebook can charge Coke to show your friends that you like Coke (and they should, too).
Instagram's new terms of service are a little more wide reaching. They state that you grant Instagram a perpetual and transferable license of all the public photos you upload to Instagram. In other words, you allow Instagram to sell your photos (if Instagram wants to), to advertising agencies like the Balcom Agency. This is the cause of many red flags from users.
Do I think that Instagram will do that? No. In fact, I believe that Instagram will revise their terms of service after this public outcry. If they do not revise their terms, I don't believe Instagram will turn into an iStockPhoto where the photographers don't get paid, as some have said. More realistically, I believe that companies (think resorts, restaurants, theme parks, etc.) will be able to pay to use Instagram photos on their website or Instagram profile.
Personally, I'm OK with that. If I take a photo at Disneyland, I think it's fine that they use it on their website or Instagram photo. Here's the biggest privacy concern many (and I) have: What about photos taken of kids or family at Disneyland on Instagram?
Lawyers frequently put out overly-broad language to cover themselves for all of the future possibilities, to see what they can get away with (I'm sure there is a more legalese way to say that). I really think the terms will be revised with more clear plans on how Instagram will use the photos.
If you're concerned about this in the meantime, here is a really easy fix: make your account private. The transferable license only applies to PUBLIC photos.
I think it's important for user's to know the terms of service of their service, but so many websites turn to fear mongering as a first reaction. Could Instagram use the photos in "evil" ways? Of course, but, Instagram needs users to love the service to use it. If they try and push the use of their photos too far, people will abandon the service.
It's time for this internet reminder: anything you post online could become public, even if it's "private." Be careful, friends.