Question:

Can anyone take my creative work I post on Instagram without my permission or paying me for use?

Answer:

Yes! Instagram’s terms allow anyone to embed your posts.

Are You Someone Who Posts Creative Work on Instagram?

If you have a public Instagram account, Instagram’s terms allow anyone to take your post, embed it, and use it on their site or article without having to pay you a dime. Embedding refers to the integration of images, videos, and other content into social media posts or web media. This is especially important for artists, photographers, videographers, or anyone who posts their creative works on Instagram. If you have a private account, there is not difference in terms of use but difference in terms of availability. As a private account, it is more difficult for businesses and people to find those accounts.

How Is This Possible?

Instagram’s Terms of Use permits this. In Instagram’s API and Terms of Use, there is a loophole where if you embed an image that has been posted, that post is not treated by Instagram or the law as something that is like any other intellectual property out there. Your creative work usually has rights attached that is protected by copyright law. But because you’ve agreed to Instagram’s terms when signing up, you essentially waive that protection of law on your creative works.

To Wrap Things Up….

This is important because the end result of not being aware of the possible situation, a company or person can take your post on Instagram and embed it on their site or article. They do not have to pay you a single dime or obtain a license, they can freely use your content. It might be a good idea to make your account private.

As always if you have any questions, please free to reach out to our team at bertie@inbetterwetrust.com. We’re happy to answer any questions you may have!