Where are my rights? EyeEm vs. Instagram

Instagram (www.instagram.com) was sold to facebook. That we all know. But my question is, what will happen with my photos that I uploaded on instagram?

Facebook’s terms of use explain that I grant Facebook a non-exclusive, transferable and sublicensable (!), … (licence they call IP-licence) for anything I ever posted, until I delete the respective content. But – if others did share my e.g. photos, facebook is not responsible and the licence on this content will not end. Which means that nearly all my stuff remains with facebook, even though I delete my profile (which is practically impossible) and facebook keeps my content but refuses to tell for how long.

Such fishy behaviour made many users switch to other photo communities that handle and respect privacy and author’s rights more carefully. Like EyeEm (www.eyeem.de), a Berlin based photo community that might profit from the latest spectacular facebook purchase.

Florian Meissner, co-founder of EyeEm says ‘this was the best that could happen to us’ (which might be common marketing bla bla) but – ‘… user interaction multiplied by the factor 4 over night’ as all rights remain with the author/ the people who took and uploaded their content to EyeEm.

Again, trust makes the difference for user behaviour.

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