Instagram and other internet pictures

[WalterB]

Story on HLN this morning about some guy taking pictures from Instagram, altering them, then selling them. YOUR pictures. Yes, I know, you give up all rights to anything you post on the internet that isn't copywrited. But it sounds like the VNA may need to start copywriting everything they do or post, on Twitter or wherever. Because, until you do, anyone can take those pictures and do pretty much anything they want with them.

http://pix11.com/2015/05/22/artist-rich ... oesnt-pay/

And, in case the link goes away:

Earlier this month the exhibit “New Portraits” by Richard Prince was on display at the Frieze art gallery. Last September through October the pictures hung in the Gagosian Gallery in Manhattan.

Prior to that, the only gallery they ever called home was Instagram.

With minor changes, Prince reprinted the pictures from social media.

The only real difference between the originals and the reprints, a small comment left by Prince on the bottom of each picture. Some of the works sold for $100,000 each. And the Instagram users say Prince never got their permission to use the images.

User doedeere says she only found out after text messages from people who saw the picture in person.

On Instagram she posted “No, I did not give my permission and yes, the controversial artist Richard Prince put it up anyway.”

Doedeere’s photo sold for 90-thousand-dollars, but she said she doesn’t plan to go after the artist.

So what exactly is the rule for altering social media content for profit? And is there anyway to prevent your content like this from becoming a cash cow for someone else? I went to talk to the intellectual property lawyers at Gottlieb, Rackman & Reisman to find out.

“How much does something need to change to be fair is a very tricky question,” said Attorney Jonathan Malki.

The question falls under fair use, which allows artists to comment and change existing art work to create something different.

“We may not need to see as much transformation as you would think. Sometimes a relatively small change can be considered fair, if it creates a new expression.”

But even if a court finds that the Prince’s Instagram pictures fall under copyright infringement, and prevent future sales of the images, the users likely won’t see any money from the decision.

“Instagram photos are exchanged for free,” Malki saud. “So what value in fact do they have? For the average user, the answer might be none.”

So Malki said the only way to really prevent someone from reusing your Instagram or social media images, is by making sure your account is private.

​”It’s another good example of why you should be very careful about your social media settings.”