you are right on the money.
Partially... there's no denying that the old new TOS did
contain the phrase Instead, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service
. Given the avalanche of newspapers that tries to extend their collection of photos on stock with the exact same wording, it is not a miracle that this raises red flags.
but that is a bit like screaming “FIRE!!!” in a movie theater, followed by mumbling “keeps you warm on a cold winter night.” Yes, that was a perfectly harmless sentence, but don’t act surprise when you're causing a lot of panic.
The question remains why Instagram, without a doubt having access to an army of highly skilled lawyers, came up with such a stupidly worded TOS, especially when there's not exactly a lack of historic reference material of other large internet services (Facebook being the most notorious example) that there's ( a )
no need to start with an all-inclusive “as wide as we can” license and ( b )
that it will
kick up a shit storm and that you'll have to back down to something less ambigious and far more limited. All you ever get out of this is seriously pissing off your customers. I hope they fired half their legal staff for delivering such shoddy work.
On a side note: why does everyone think that being a stock agency is such a profitable business? Half of them are going bankrupt or are struggling, and that's with the photographers who deliver high quality content providing the time-consuming keywording
. Instagram on the other hand, has photos without keywords, taken by limited cameras (yes you can take great pictures with the iPhone. But it's always the same wide angle lens, the same aperture and image quality goes out of the window when the lighting conditions are less than ideal) and to top it off three quarters of their pictures are wrecked by post filters to give that image the "authentic" look of a faded polaroid that somehow managed to came out of a particularly badly manufactured holga. Reality call: your pictures are usually not that
good and there's no evil conspirancy to sell them for high profit.
Edited by Bart Willems, 19 December 2012 - 14:10 .