Understanding Copyright Ownership When Posting Photos on Instagram

If a photographer posts a picture on Instagram, does this mean they automatically lose the rights to that image? The answer is no. Here’s what you need to know about copyright ownership in the digital age.

Default Rights Ownership

Unless a photographer specifically signs away their rights in a contract and receives substantial compensation, they retain the copyright to their photos. Posting a photo on Instagram or any other website does not automatically transfer these rights. Instead, the photographer usually grants a limited license to the platform, allowing them to display the photo.

Why Don't Photographers Lose Their Rights?

Copyright remains with the photographer unless they explicitly sign it away. Even when posting to websites like Instagram, the photographer does not lose the rights to the photo. The website gains certain rights to display the photo, but the copyright remains with the original photographer.

Explicit Contractual Agreements

It’s rare for photographers to lose their rights unless they sign a formal contract transferring those rights. If you’re unsure, it’s best to check the terms of service of any platform you use. Many large photo-sharing sites outline the rights they gain, but the photographer still retains the copyright.

Instances When Rights May Transfer

Licensing and Selling: The rights remain with the photographer until they explicitly transfer them in a licensing agreement or through a sale. However, if a photographer licenses their image to a stock photo agency, the rights may transfer to the agency under certain circumstances. Commercial Use: If someone uses a photograph without permission, they are committing copyright infringement. Downloading and using an image without the photographer’s consent, especially if it has been legally licensed, is unethical and illegal. Credit and Attribution: Photo sharing sites often require attribution. By using the image, the photographer grants the right to display the photo, but retains the copyright and often the right to request credit for their work.

What to Do if Your Image is Misused

If you find your image being used without permission, whether through a detailed watermark removal or unauthorized commercial use, you have legal recourse. Stock photo agencies, like Getty Images, are known for aggressively enforcing their rights. They can issue cease and desist letters, demand payment, and file lawsuits against the infringer.

Alternatives for Safe Photo Sharing

If you want to control your photo sharing more rigorously, consider using alternative platforms. Some sites offer free photos for personal use, and you can also license your images directly to photographers or use them on your own website. For full control, using a photo-sharing site like Clickasnap, which makes it clear that you retain full rights to your images, is a good choice.