![]() ![]() McGucken sued for copyright infringement, arguing that he hadn't given Newsweek permission to use the photo. So instead Newsweek embedded a post from McGucken's Instagram feed containing the image. Newsweek asked to license the image, but McGucken turned down their offer. Photographer Elliot McGucken took a rare photo (perhaps this one) of an ephemeral lake in Death Valley. Ordinarily, Death Valley is bone dry, but occasionally a heavy rain will create a sizable body of water. Newsweek recently found this out the hard way. Until now, people have generally felt free to embed Instagram posts on their own sites without worrying about copyright concerns. But it could also significantly change the culture of the Web. Professional photographers are likely to cheer the decision, since it will strengthen their hand in negotiations with publishers. If you don't, you could be subject to a copyright lawsuit. In plain English, before you embed someone's Instagram post on your website, you may need to ask the poster for a separate license to the images in the post. This includes ensuring they have a license to share this content, if a license is required by law." "Our platform policies require third parties to have the necessary rights from applicable rights holders. "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. The announcement could come as an unwelcome surprise to users who believed that embedding images, rather than hosting them directly, provides insulation against copyright claims. ![]() Instagram does not provide users of its embedding API a copyright license to display embedded images on other websites, the company said in a Thursday email to Ars Technica. ![]()
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