Instagram now claims the right to sell all user uploaded photos in their newly released terms and conditions on their site.  There are two new additions to the “Rights” sections of the new terms and conditions that you are now agreeing to by keeping your account open.  The new terms take affect January 16th 2013.

“…you agree that a business or other entity may pay us to display your username, likeness, photos … without any compensation to you.”

New terms and conditions mentioning their rights to sell…

1. 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.
2. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

What this is really saying is:

• Instagram/Facebook will be able to sell your account information, likeness and any of your photos that you have publicly shared and to advertisers and charge for them without paying any royalties to you.
• If you are under 18 then it’s assumed a parent had given you permission to upload images.
• You will not be notified if any or all images from your account are sold and used for public advertising

Personally, it’s creepy but I don’t really use the service too often.  Also the quality of pictures form Instagram is awful anyway!  This does mean however as stated from other reports, that Instagram could become the largest stock photography service available online.

Another large problem is for businesses.  A lot of businesses have started or have been using Instagram to help build their social presence online.  Instagram was a great way to share images with consumers on a level and medium they are constantly viewing.  Now that Instagram is going to be able to sell any and all uploaded images, businesses are going to have to act fast to pull any, if not all images they legally can’t give right to a 3rd party to share.

Now you have until January to close your account to opt out of the new terms an conditions, however before you delete your account, you must remove your images first!  Once you have deleted your images you can go here to close your account:  https://instagram.com/accounts/remove/request/

Hopefully there will be enough pushback to have Instagram revise it’s policy.