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Author Topic: [SOLVED] Copyright on Instagram  (Read 419 times)

pgomez

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[SOLVED] Copyright on Instagram
« on: 03-21-18 at 06:57 am »

Dear Community,

I work in a company that sells shoes. The other day a woman posted a picture to Instagram of their children, who were wearing our shoes. She tagged our brand instagram profile in that picture. She took the picture, she owns the rights of this picture.

BUT, the fact that she tagged us in that picture, does allow us to use and upload this picture to our profile with commercial purposes? Do we have, mandatorily, to ask her for permission before doing so?

I'd say we HAVE TO ask her before uploading this picture to our profile, even she tagged us, but people from our communication agency say not. Any thoughts or real knowledge about this? The com agency is saying the if she tagged us we have the rights to use this picture without her permission.

Thanks.

Pol
« Last Edit: 03-23-18 at 07:31 am by pgomez »
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Robert T Nicholson

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Re: Copyright on Instagram
« Reply #1 on: 03-21-18 at 04:02 pm »

Yes, you need the photographer's permission to use the photo.  Copyright law does not contain a "but she tagged me!" exception. 

I strongly recommend that you fire your creative agency.  An agency that does not understand the basics of copyright law can get you into serious trouble.
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This post is provided for information purposes only, and does not constitute legal advice.

Robert Nicholson Consulting | Copyright Safeguard | ED Treatment Center

pgomez

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Re: Copyright on Instagram
« Reply #2 on: 03-22-18 at 06:10 am »

Thanks Artchain! Wanted to make sure they were wrong before doing anything!
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