It's funny how thin the ice he's skating on is, when he writes:
>"Ownership Rights: Instagram users own their content and Instagram does not claim any ownership rights over your photos. Nothing about this has changed. We respect that there are creative artists and hobbyists alike that pour their heart into creating beautiful photos, and we respect that your photos are your photos. Period.
I always want you to feel comfortable sharing your photos on Instagram and we will always work hard to foster and respect our community and go out of our way to support its rights."
He should add in brackets that the user has automatically given Instagram "Ownership" of a gold plated license to do whatever the hell it wants with content posted, in case anyone was wondering.
I also noticed that they stepped short of saying they wouldn't be taking a non-exclusive perpetual license for any use out of the ToS. What does "ownership" mean in that case? Only that you can negotiate other deals with third parties.
It can mean that they cannot re-license your work, which is to say you wouldn't have to compete with them in terms of pricing to a third party but I don't know if that is what the ToS says so a closer reading is in order.
Licence is: "non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use"
So I would say "sub-license" means "re-license". It would be very unfortunate to have to compete with Instagram on pricing for your own content to a third party. Or some company that buys Instagram/Facebook out.
Just read this bit:
"To be clear: it is not our intention to sell your photos. We are working on updated language in the terms to make sure this is clear."
So I think that clears up the 'sub-licensable' aspect. It doesn't rule out giving them away for free - which come to think of it, would hard to compete with price-wise! I'm really starting to wonder what they had in mind.
>"Ownership Rights: Instagram users own their content and Instagram does not claim any ownership rights over your photos. Nothing about this has changed. We respect that there are creative artists and hobbyists alike that pour their heart into creating beautiful photos, and we respect that your photos are your photos. Period. I always want you to feel comfortable sharing your photos on Instagram and we will always work hard to foster and respect our community and go out of our way to support its rights."
He should add in brackets that the user has automatically given Instagram "Ownership" of a gold plated license to do whatever the hell it wants with content posted, in case anyone was wondering.