In one trial, against the online website Mashable, the US courts ruled that Instagram’s embed feature granted a sublicense for use. But in another court, this case against Newsweek, the judge ruled that Instagram’s embed feature did not grand a sublicense.
Now Facebook’s most popular division has weighed in on the debate, and its official response could have massive implications going forward.
In a statement to Ars Technica, Instagram clarified its embedded images policy and basically changed the game for the court cases involving this feature.
“While our terms allow us to grant a sub-license, we do not grant one for our embeds API…Our platform policies require third parties to have the necessary rights from applicable rights holders. This includes ensuring they have a license to share this content, if a license is required by law,” Instagram told the website in an email.
During the Newsweek case, Judge Katherine Failla ruled that Instagram’s embedding process does not grant a sublicense.
Moving forward, Instagram is debating certain features to allow photographers more control over who shares their images and in what way.
What do you think of Instagram’s clarification regarding their embedded images policy? Let us know your thoughts on this story in the comments section below if you like.
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