Mobile app developers frequently
need to update their Terms of Use, prompting the familiar but often ignored, “Terms
& Conditions Have Changed” iPhone alert. The updates usually accompany new
technologies and services, and do not represent policy shifts or noticeable
service changes; hence the heedless recipient. But as the recent Instagram controversy
shows, providers should avoid hiding big changes in small print.
Instagram is a mobile application
downloaded by more than 80 million users to date. It allows users to stylize
and share photographs and other images using a variety of preset filters. Late
last year, Instagram unveiled its new Terms of Use policy that included
the following clause:
“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.”
Thus, it seemed, by uploading photos to
Instagram, users were deemed to have consented to use by others of the images for
advertising materials.
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