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ARTICLE · 16 JUNE 2020

Instagram And Embedding Photos - An Update And A Bombshell (?) From Instagram

Global Advertising Lawyers Alliance (GALA)
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Ars Tecnica is reporting - in an article with the provocative headline "Instagram just threw users of its embedding API under the bus" - that a company spokesperson for Facebook...

United StatesIntellectual Property
Brian Murphy (Frankfurt Kurnit Klein & Selz)
Brian Murphy (Frankfurt Kurnit Klein & Selz)
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Ars Tecnica is reporting - in an article with the provocative headline "Instagram just threw users of its embedding API under the bus" - that a company spokesperson for Facebook (which owns Instagram) has stated, on the record, that Instagram's terms of use do not grant permission to users of its embedding API to display embedded images on their websites without additional permissions from the copyright owners. Specifically, Ars reports:

"While our terms allow us to grant a sub-license, we do not grant one for our embeds API," a Facebook company spokesperson told Ars in a Thursday email. "Our platform policies require third parties to have the necessary rights from applicable rights holders. This includes ensuring they have a license to share this content, if a license is required by law."

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