APA Voices Concerns On Instagram's New Terms

ATLANTA – December 21, 2012 - APA is continuing to monitor the new user rights developments with Instagram, and will vigorously oppose any direct or indirect appropriation by Instagram of any user provided content without the express written consent of the content owners.

In response to the mounting public opposition which manifested after publishing its new rights policy WHEN?, Instagram has since stated it will redefine its rights policy with the premise that their users will own their own content, which presumably includes copyrights and the intellectual property interests subsisting in that content.

Specifically, Instagram's new statement on "Ownership Rights" states "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."

The actual content rules implementing this policy, and the revisions to the Instagram proposed policy that gave rise to the public outcry against the prospective intellectual property appropriation, have not yet been published.

In the mean time, Instagram participants, and members of the online community in general, should vigilantly consider and guard against the possibly negative intellectual property ramifications that on-line-registration-terms may have on their intellectual property ownership. The fine print may be small, but its impact large — and irreversible.

Statement from APA Senior Vice President Robert Ripps:
"This is a good example of a large number of users complaining and standing up for their rights, which resulted in an immediate response from Instagram, hopefully, with their creator rights being protected. If photographers and other creative individuals all stood up and made their voices heard as swiftly and as clearly the next time our rights are impinged, our images infringed, our livelihood imperiled, we could also expect to see a similar change in our sphere."

About APA: American Photographic Artists (APA) (www.apanational.com) is a photographers association and leading American organization run by photographers for photographers, as well as other photographic professionals. With a culture that is grounded in optimism and openness, APA supplies the necessary tools for business success, standards, and creative satisfaction. This includes all levels of the photography profession. APA understands that it is our job to be proactive. We anticipate the practical, creative, and business needs of our members with ongoing resources and vigorous national advocacy. APA's reach and standards are recognized worldwide. Our inviting culture and common sense values provide the foundation for all that we do.

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