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Daily Polls

Today's Poll: 05/28/2015

Swag Bucks are awarded for participating in the current Daily Poll only.See Previous Polls

A painter/photographer in New York is blowing up screenshots of other people's Instagrams, putting them on display, and selling them for nearly $90,000 each. What would you do if you found out your Instagrams were being sold? Submitted By Team Swagbucks, CA
I would sue the seller of my Instagrams
I would be upset but not take legal action
I would be very excited
I wouldn't care one way or another
Other/Undecided (explain in comments)
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Ketmag
on 05/28/15
I don't use instagram but I think it should be illegal to do that.
mgtheman
on 05/28/15
That's called "copyright infringement."

If someone sold one of my photos for $90,000 then I could sue him for considerably more than that.
bohemianbeatnik
on 05/28/15
zephyr359 liked this  
Sure go right ahead and sell my photo where I was in a g string, lying on top of a bear rug, with my fists holding my chin.
zephyr359
on 05/28/15
...lol.
Mornin', Sir Daisy. You'd love photos of you everywhere wouldn't you...
Too funny. :P
livingstongang
on 05/28/15
I said I'd sue, but, I probably wouldn't do anything. Unless it was a picture of my kids
uffdah
on 05/28/15
I do not use instagram.
sportsguy9126
on 05/28/15
i don't have instagram, so don't matter to me, i do have facebook to keep in touch with family and twitter for sport contest purposes :)
zephyr359
on 05/28/15
I don't have an Instagram account (nor Facebook, Twitter, Flickr, etc.). I don't usually hang out with people who would do such things -- not cool.
ChainsawLicker
on 05/28/15
shojokakumei and 1 others liked this  
Taking this to court would be a losing battle. The court ruled that he was working within copyright law in that he altered text and sometimes pieces of the photos themselves, thereby he wasn't technically selling someone else's photograph--he'd made it "his own" by changing it. So, you'd waste money on court and legal fees and lose.
picapica13
on 05/28/15
According to you:

1. The court ruled that he was working within copyright law in that he altered text and sometimes pieces of the photos themselves, thereby he wasn't technically selling someone else's photograph.
2. He'd made it "his own" by changing it.
3. "Pirates" alter "photos"(also known as frames) of movies, before publishing them to the public.
4. "Pirates" alter video format of movies, before publishing them to the public.
5. Taking this to court would be a losing battle.


Conclusion: If "pirates" alter original content of the movie, "pirates" aren't technically publishing big corporations movies. "Pirates" made them their own by changing the movie frames. Therefore, big corporations that take "pirates" to court get their case dismissed?

There is something wrong with that. Which court ruled that? Was the decision reversed?
lorrainestarr
on 05/28/15
Tell that to vanilla ice. I think you'd win.
cal71
on 05/28/15
Not sure there is anything you could legally do about it.
hapihart
on 05/28/15
Booktap liked this  
I don't use Instagram but it would very much depend on the rules involved. If the rules say anything you post is fair game, then you really have no options. People don't seem to realize that once you put something on the web, it's out there for anyone. I doubt there are many protections.
BailoDescalza
on 05/28/15
Welcome to the technology era, where there's a little to nothing of privacy. Who is worse? The pseudo artist for stealing other people's pics and selling them in a whopping $90K or the buyers?
luvocats
on 05/28/15
Are there other FORUMS? Places to find out about other topics?
1234567890zip
on 05/28/15
I don't use Instagram, but if I did I would make them pay me the amount they are getting for every one of my pictures they sold.
lifeeverlasting
on 05/28/15
jollyjen liked this  
I don't use instagram .
Jodster
on 05/28/15
I don't use instagram .
Bob3944
on 05/28/15
I don't use instagram
LOV333
on 05/28/15
thewife1992 and 1 others liked this  
I don't use intstagram.
Mastomy
on 05/28/15
w2boys liked this  
Don't use intragram.
katkar
on 05/28/15
don't have Instagram, but if anybody's going to make money off my pictures, it's going to be me!
krisshamner
on 05/28/15
I don't use instagram
blackcobra2013
on 05/28/15
Trahelion13 liked this  
Good thing I don't use Instagram. It's like plagarism - stealing someone work that's not yours. Eventually, there's always hell to pay when doing something stupid like that.
LoyalRam
on 05/28/15
What is instagram?
picklesthe24th
on 05/28/15
Would quit using instagram. No need to quit though as i don't use instagram anyway.
CAHotel
on 05/28/15
No Instagram for me
slatman
on 05/28/15
I don't use instagram so yeah...
Maggotpunk
on 05/28/15
rlwesley and 4 others liked this  
Sadly it's not illegal but unethical and shows the "artist" has no talent if his "art" is just stealing people's photos off the internet.
bohemianbeatnik
on 05/28/15
Like Will.I.Am.
godzillaskitty
on 05/28/15
w2boys and 1 others liked this  
I Would Stop using instagram, but since I don't anyway....but that isn't art it is just weird and maybe slightly perverted ,why would anyone even buy this to hang on their wall? go buy a $10.00 poster and save yourself some money.would probably look better too.
KamenRiderKimera
on 05/28/15
How they can they not sue for making a profit off their personal image without permission?
greatgramma46
on 05/28/15
Prince( the guy in qustion) did not commit copyright infringement because his works are technically "transformative." He made slight adjustments to the images by removing captions and adding odd comments to each photo. This could mean that restaurants or other people could steal that burger image you spent 25 minutes finding the right filter for, as long as they tweak it slightly.
Jennifer1
on 05/28/15
Sauyuk and 3 others liked this  
That's not quite how it works. You can start with the same idea but the end result needs to be more than making slight adjustments. He can't just remove the comments, replace with his own comment and call it his own. I guarantee you if you take a comic from the Sunday paper, replace the dialog with your own, display it as part of your own art exhibit and sell it, the company behind the comic will come after you. Besides any good photographer would never call someone else's work their own. The bigger question in why would someone pay $90,000?
Halie2004
on 05/28/15
Why the hell would they do that and who would be dumb enough to buy them?
JaguarXing
on 05/28/15
Sauyuk liked this  
Most animals are smart enough not to buy them. But humans, on the other hand, excel at doing dumb things.
bohemianbeatnik
on 05/28/15
Wealthy people
Jennifer1
on 05/28/15
I'm surprised a gallery would allow an exhibit of work where the intellectual property rights of the images on display were questionable.
jstephens4
on 05/28/15
I would shout a very nasty four letter word at the artist.
jjennette
on 05/28/15
Mezcal liked this  
I don't have instagram and never will.
cloomis12
on 05/28/15
JaguarXing and 1 others liked this  
I'd be very excited because I'm going to sue the pants off him!
wykyd1
on 05/28/15
I do not understand "art"
WarGreymon77
on 05/28/15
JaguarXing and 1 others liked this  
I don't have Instagram, but if anybody's going to make money off my pictures, it's going to be me!
GoodFairy
on 05/28/15
I would take a picture of what he exhibited, explain it @ $90K and tell visitors they can have it for $50!
kazooga1234
on 05/28/15
You can use other peoples instagram stuff for free but YOU CAN'T LEGALLY SELL IT. Since you can't legally sell it I would sue. I want that money.
bohemianbeatnik
on 05/28/15
Jennifer1 liked this  
Call J.G. Wentworth┬Ł Cash Now
tclbbs
on 05/28/15
I would want a cut of the proceeds
CNSninja
on 05/28/15
Mr. Anonymous mask man, supporting Warner Brothers XD.
I thought you folks understood that property is theft.
jdalsim
on 05/28/15
Ha, Guy Fawkes is far older than Warner Bothers. They could try, but they would not be successful.
bohemianbeatnik
on 05/28/15
Just take his house and call it even for the copyrighted infringement
MOMMALEX585
on 05/28/15
I'm unsure of the laws because you put it out there on the net so it's easy to snatch someone's picture and do what they want but it seems that should be illegal
CNSninja
on 05/28/15
Lexihexi and 1 others liked this  
If you put a picture of yourself on a physical wall inside county hall and taped notes under it every day about what you're up to, and someone sold pictures of what you'd created in city hall that'd be literally no different. The internet isn't a physical place, but it's more public than a wall in city hall. Somehow people don't seem to understand that and they think they're entitled to having privacy for things they post publicly and that baffles my mind to no end...
PrettyEvil
on 05/28/15
tangodoodles and 1 others liked this  
The laws are that you own the copyright to anything you create - whether that be a photo you take or something you write. In America, you do not need to send something to the copyright office to own a copyright. And how you release the material has no baring on the copyright unless you specifically change the copyright (you can list it as share and share alike or some other copyright), but the default is 100% protected and owned by the creator unless stated otherwise.

Putting things on the internet does not mean others are free to use them as they wish. Otherwise no artist anywhere would ever share their work. They'd only have physical portfolios.
Cornfedjuggalo
on 05/28/15
Ou would assume that and would know no better Unless you read the EULA , which states any images posted to instagram become tbeir property....
SwagsterCalebJR
on 05/28/15
Comment Under Review
PrettyEvil
on 05/28/15
I said 'unless stated otherwise' so no, I'm not wrong. I was speaking about the internet as a whole, as the internet portion seemed to be what was tripping Mommalex up. I was not speaking of Instagram specifically as I don't have an account with them and therefore never bothered to read their TOS.
Cornfedjuggalo
on 05/28/15
Wow, you sure do sound like my 16 year old daughter, that even though you are factualy incorrect, you claim that you are not wrong. The whole question had to do with instagram, therefore their EULA would give instagram ownership, not the original poster as you stated, instagram could have licensed the images the artist sold for $90,000 each and could have made the artist pay instagram a licencing fee but the people that posted the original pics get exactly shit...
saraferrell
on 05/28/15
Ummmm... that's stealing.
wildlodge
on 05/28/15
JaguarXing liked this  
I do not use instagram.
greatgramma46
on 05/28/15
I don't use instagram. However, if someone insists on using another persons pictures/postings without their written permission and selling them, it seems to me that the person who posted it should be compensated. Anyone who can't walk around the country, city or wherever and find their own "instagrams" is just plain lazy. Besides, looks like this person has done it before.
devine1s
on 05/28/15
JaguarXing and 2 others liked this  
All of my photographs are watermarked and belong to me.
bohemianbeatnik
on 05/28/15
That doesn't always work out, I used it once on a girl once and I got slapped with a fine
Munce72
on 05/28/15
Selling pictures of M&M's, what a great idea...
bohemianbeatnik
on 05/28/15
or selling my mankini photos
Cornfedjuggalo
on 05/28/15
You can not sue, once you post a pic to instagram(&FB,ect...) you no longer own the image, instagram owns it and they could tryto sue if they wanted but the person that posted the pic has no recourse....
LeLee1516
on 05/28/15
That's why you make your Instagram PRIVATE! Then no one is able to steal your pictures...unless you have an unloyal friend stealing them.
neiffert
on 05/28/15
You don't own any photos posted on Instagram. Facebook owns all photos posted to Instagram. Sometimes they will sell photos to advertising company's.
RDRJAY
on 05/28/15
I would find where he lives and collect my share of the bounty, hell it is my Instagram anyways.
rickycoy
on 05/28/15
all depends on their reaction when confronted
Sydnerd
on 05/28/15
don't have an insta

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