Instagram is a visual platform where captivating feeds are highly valued. It’s common for brands and marketers to enhance their content by incorporating images from external sources to create an aesthetically pleasing profile.
Sharing someone else’s image on Instagram is often called “regramming,” a practice that might seem widely accepted and harmless. While some users are comfortable with brands and businesses sharing their content and may even see it as complimentary, it’s important to note that many others are not pleased when their photos are used without explicit consent.
For businesses navigating the world of online content sharing, understanding the boundaries of acceptable use is crucial. It’s essential to know how to share content respectfully, legally, and safely.
Understanding Instagram’s Stance: Terms of Service
Have you ever wondered about the absence of a “share” button on Instagram? Initially, Instagram wasn’t designed for regrams. In a previous statement, the platform indicated that posting content that wasn’t originally yours was actually a violation of their terms of service.
Over time, Instagram has adjusted its stance. Now, their terms place the responsibility squarely on the user to ensure they have the necessary rights and permissions for any content they post. Reviewing the basic terms of service is quick and advisable. Non-compliance can jeopardize your account’s security and potentially lead to legal repercussions.
When is it Acceptable to Use Someone Else’s Photo on Instagram?
You can regram content on Instagram, but with one non-negotiable condition: you must obtain permission from the original content creator or image owner.
Simply crediting the original source is not sufficient. Prior consent is mandatory from both the creator and anyone featured in the photos before you share them on your account. While some individuals might be flattered that a brand wants to share their photo, others may have intended their content for a limited, personal audience only.
Instagram’s Copyright FAQ clearly states that using someone else’s work without permission constitutes copyright infringement, regardless of your intentions or actions. According to Instagram’s Copyright FAQ, copyright infringement occurs even if you:
- Give credit to the copyright owner
- Include a disclaimer about no intention to infringe copyright
- Claim “fair use”
- Did not intend to profit from it
- Purchased or downloaded the content (like a DVD or song online)
- Modify the work or add original material
- Found the content online
- Recorded the content (from movies, concerts, etc.)
- See others sharing the same content
Photo of EJ Gallo Wines product arrangement with Creatively Squared branding for Instagram content usage guidelines
Photo showcasing product photography for EJ Gallo Wines by Creatively Squared, used to illustrate content sharing permissions.
How to Effectively Request Permission to Use Photos
If you discover an image you wish to share, the next step is to identify and contact the person who created or holds the rights to it. Tracing the original source is critical. Just because an image is shared by one account doesn’t mean they are the original photographer or rights holder.
The easiest way to seek permission is to reach out to the poster via a comment or direct message (DM). To ensure clarity about the specific image, include the photo in your message.
Once the content creator replies to your DM and grants permission to share their image, you are then authorized to regram it to your account. However, be aware that not all users actively monitor their comment notifications, and if they aren’t following your account, they might not see your request immediately. If you don’t receive a response, check their account for an email address and try contacting them that way.
Properly Crediting Photos on Instagram: Best Practices
When you successfully obtain permission to use someone else’s content, proper acknowledgment of the original source is paramount. This involves giving the photographer full credit within your caption and also tagging them directly in the image itself. This ensures that their work is recognized and attributed correctly on Instagram.
User-Generated Content (UGC) and Permissions
When users tag your account or use your branded hashtag, it might seem like they are implying permission for your brand to use their content. However, this assumption is incorrect and does not constitute formal consent. Even if the image features your products or brand, the copyright still belongs to the photographer or content creator. To avoid any potential legal problems, especially if you intend to use the content for commercial purposes, it’s always best to err on the side of caution and explicitly ask for permission before regramming any type of user-generated content.
If you lack the resources to actively monitor and seek permission for customer content, several companies specialize in sourcing and managing the rights to use UGC. Services like Pixlee and CrowdRiff help streamline this process. Notably, CrowdRiff has reported that a significant 65% of individuals grant permission for their photos to be used within 24 hours, highlighting the willingness of many users to share their content when asked properly.
Example of travel and outdoor photography to demonstrate user-generated content for brand usage rights
Example image representing travel and outdoor themes, illustrating the type of user-generated content brands might seek to share with permission.
Copyright Waivers in Contracts for Brand Content
When you collaborate with influencers, bloggers, or brand ambassadors to create branded content, clearly define your licensing and copyright terms in your initial contract.
While it might be implied that you will repurpose content on your own account when hiring or collaborating with creators, it’s essential to have this explicitly stated in a copyright waiver. This waiver can also include terms that permit you to reuse the content on your website and in marketing materials, preventing future licensing fees or negotiations.
Potential Risks of Using Photos Without Permission
Instagram Account Suspension: Users can report your account to Instagram for sharing their content without authorization. If your account is flagged as a repeated infringer of intellectual property rights, Instagram may disable or shut down your account.
Copyright Law Infringement: Depending on your location and where the images are shared, you could also be in violation of copyright law. While some situations fall under “fair use” or “fair dealing” – such as criticism, commentary, news reporting, teaching, education, and research – these are specific and limited. The Copyright section of Instagram’s Help Centre provides further details on what constitutes copyright infringement and these exceptions, and is a valuable resource for understanding these nuances.
Conclusion: Best Practices for Photo Usage on Instagram
Understanding and adhering to best practices is crucial, both legally and ethically. For the most impactful marketing and communication, brands should prioritize sharing original content and creating images specifically tailored for their audience. While regramming can be a convenient way to showcase brand personality and engage with users, remember that online availability does not equate to free usage rights.
Always trace the original source of any photo you wish to share and secure the necessary permissions for its use. Content creators invest significant time and effort in their work. Brands that exploit this by repurposing images for their own marketing purposes risk serious consequences, including account suspension and copyright infringement claims. Respecting content creators and their rights is paramount in the digital landscape.
