Can Instagram use your pictures against you in court?

Celebs are worried Instagram will be using their pictures in court. Source: Instagram/Getty

If you’ve been using Instagram today, you would’ve noticed celebrities have been sharing images of a ‘new Instagram rule’ which is supposedly taking place tomorrow.

‘Don’t forget tomorrow starts the new Instagram rule where they can use your photos,” actress Yara Martinez’s photo, which has since been removed, said.

Yara Martinez posts Instagram's new rule to her page. Source: Instagram

‘It can be used in court cases in litigation against you. Everything you’ve ever posted becomes public from today, even messages that have been deleted or the photos not allowed.’

Actress Zoe Kazan also shared a post, saying, “I do not give Instagram or any entities associated with Instagram permission to use my pictures, information, messages or posts, both past and future”.

Zoe Kazan posts to Instagram to stop them using her photos. Source: Instagram

But claims that Instagram can keep and use your photos against you are not legitimate, Instagram’s brand communications manager, Stephanie Otway, told WWD.

“There’s no truth to this post,” she said.

Does Instagram have any rights to my photos?

While you do own the photos you upload to Instagram, you grant Instagram broad licence rights by using the site.

Instagram’s terms state the user grants Instagram a “non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use their content”.

That means Instagram has all the rights of the original owner of the content, which means it can do anything with your photos without seeking permission, but it would usually do so commercially, not criminally.

Basically, Instagram can sell or share your photos without asking you first, but it probably won’t be using them in court against you any time soon.

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