If you want to use someone else’s photo, image, or video on your website, you usually have to ask permission first or at least provide credit where credit is due. However, the fact that some sites like Instagram allow you for embedding photos of Instagram rather than an image has created a bit of a grey area.
However, it appears Instagram has opted to at least allow copyright holders. Just to choose whether or not their content can included. Instagram users can now choose whether or not to allow third-parties to embed their content on their websites.
So thanks ASMP and NPPA for your efforts (NPPA). According to Alicia Calzada, NPPA’s Deputy General Counsel, “we have been in discussion with Instagram for well over a year in search of a fix”. It is much appreciated that they have offered to assist us.
Previously, publications of Instagram like Mashable have sued for embedding photos. The court concluded that posting an Instagram photograph was not infringing. Photographer Paul Nicklen also won a copyright complaint against another publisher for an embedded video and screenshot without his authorization.