Instagram asserts the right to sell your photos

You are not the customer, you are the product.

Instagram, the photo-oriented social network which was purchased by Facebook for $700m in cash and shares last April, has revealed the new terms of service which it will be implementing from January next year, and they mark a new direction out for the company.

The passage which is getting all the attention online is the second section under the heading "Rights":

Some or all of the Service may be supported by advertising revenue. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you. If you are under the age of eighteen (18), or under any other applicable age of majority, you represent that at least one of your parents or legal guardians has also agreed to this provision (and the use of your name, likeness, username, and/or photos (along with any associated metadata)) on your behalf.

Instagram is not just taking adverts, as many predicted would happen once the Facebook acquisition was complete; it is also claiming the right to sell use of your photos to businesses to make ads with.

That's a pretty big step up from previous practice, but is similar in tone to what Facebook has been doing with their social marketing for a while now. As Nick Bergus learned, Facebook's method isn't without hitches. When he posted a jokey link to a 55-gallon barrel of "Passion"-brand lubricant, it was adopted by Facebook into an advert which was then shown to all his friends.

The problem with the Instagram extension of this concept is two-fold. Firstly, just as with the Bergus screw-up, recontextualising a picture as an advert changes what it says, frequently for the worse. But secondly, it feels like a Rubicon has been crossed if the "user-generated content" being used is undoubtedly a creative work – which even the blandest Instagram photos are – and if money changes hands without including the actual creator of that work.

In addition, of course, there's the idiot factor: People seem to forget how public Instagram is, and finding themselves included on a national poster campaign could be a nasty way to find that out.

As ever with this sort of change, there is likely to be a disconnect between the rights the ToS claim, and Instagram's actual plans. I would be surprised, for instance, if they intended to sell user images for use as generic stock photos, rather than for Instagram-specific ad campaigns. But I would also be surprised if these terms didn't give them the right to do that if they so desired.

Oh, and you can't actually reject these terms. If you're still using the service on 16 January, you are deemed to have accepted them.

It seems almost too perfect that in the same week that Instagram launches an anti-user change, Flickr – remember Flickr? – has released a new iPhone app which brings a host of Instagram-like changes to the service, including far quicker access to the camera, better Twitter integration and, yes, filters. A number of people are suggesting switching to (or back to) the service as a result.

The best thing about this switch is that it isn't just kicking the can down the road. After all, the reason Instagram included these changes is because it has to make money. The Atlantic's Alexis Madrigal makes the point:

[C]ompanies have to sell themselves because they do not have a sustainable business. And when they're sold, they either A) get shut down or B) become part of an advertising machine, like Facebook's.

Truly, the only way to get around the privacy problems inherent in advertising-supported social networks is to pay for services that we value. It's amazing what power we gain in becoming paying customers instead of the product being sold.

Flickr, by contrast, does have a paid service, and has for years. There's no guarantee it won't take the quick buck – but it has a business model which involves treating users as the customer, not the product. And that's a nice change from the norm, these days.

Instagram.

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

Photo: Getty
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The Future of the Left: trade unions are more important than ever

Trade unions are under threat - and without them, the left has no future. 

Not accepting what you're given, when what you're given isn't enough, is the heart of trade unionism.

Workers having the means to change their lot - by standing together and organising is bread and butter for the labour movement - and the most important part? That 'lightbulb moment' when a group of workers realise they don't have to accept the injustice of their situation and that they have the means to change it.

That's what happened when a group of low-paid hospital workers organised a demonstration outside their hospital last week. As more of their colleagues clocked out and joined them on their picket, thart lightbulb went on.

When they stood together, proudly waving their union flags, singing a rhythmic chant and raising their homemade placards demanding a living wage they knew they had organised the collective strength needed to win.

The GMB union members, predominantly BAME women, work for Aramark, an American multinational outsourcing provider. They are hostesses and domestics in the South London and Maudsley NHS Trust, a mental health trust with sites across south London.

Like the nurses and doctors, they work around vulnerable patients and are subject to verbal and in some cases physical abuse. Unlike the nurses and doctors their pay is determined by the private contractor that employs them - for many of these staff that means statutory sick pay, statutory annual leave entitlement and as little as £7.38 per hour.

This is little more than George Osborne's new 'Living Wage' of £7.20 per hour as of April.

But these workers aren't fighting for a living wage set by government or even the Living Wage Foundation - they are fighting for a genuine living wage. The GMB union and Class think tank have calculated that a genuine living wage of £10ph an hour as part of a full time contract removes the need for in work benefits.

As the TUC launches its 'Heart Unions' week of action against the trade union bill today, the Aramark workers will be receiving ballot papers to vote on whether or not they want to strike to win their demands.

These workers are showing exactly why we need to 'Heart Unions' more than ever, because it is the labour movement and workers like these that need to start setting the terms of the real living wage debate. It is campaigns like this, low-paid, in some cases precariously employed and often women workers using their collective strength to make demands on their employer with a strategy for winning those demands that will begin to deliver a genuine living wage.

It is also workers like these that the Trade Union Bill seeks to silence. In many ways it may succeed, but in many other ways workers can still win.

Osborne wants workers to accept what they're given - a living wage on his terms. He wants to stop the women working for Aramark from setting an example to other workers about what can be achieved.

There is no doubting that achieving higher ballot turn outs, restrictions on picket lines and most worryingly the use of agency workers to cover strikers work will make campaigns like these harder. But I refuse to accept they are insurmountable, or that good, solid organisation of working people doesn't have the ability to prevail over even the most authoritarian of legislation.

As the TUC launch their Heart Unions week of action against the bill these women are showing us how the labour movement can reclaim the demands for a genuine living wage. They also send a message to all working people, the message that the Tories fear the most, that collective action can still win and that attempts to silence workers can still be defeated.