0:00
So I never really thought about this until I got this comment about embedding videos from Instagram
0:09
So what is embedding an Instagram photo? So some of you might not have ever done this before, but in WordPress you can click this button and you can actually type in, uh, whoops, Instagram
0:30
click that button. Now if you come over here and I was to embed one of these pictures, so just, let me just find one
0:41
So say I take this photo here, copy it, post it, and now it's embedded, just like a YouTube video, but instead of pointing to a video, it's pointing to an Instagram
0:59
post. So I've been doing a lot of these on my, on some of my posts because a lot of the
1:09
information that I'm giving is, uh, requires a lot of visuals. So this is one way that I found
1:17
that could provide that without, um, having to take my own photos or whatever. So I figured I'd
1:26
embed some Instagram photos. Um, um, um. Apparently there's some controversy. Some people say you can embed Instagram photos without getting promotion
1:39
And then there's other people that are saying that you need to get permission. There's actually been two cases with different results
1:51
One of them, the guy fighting the case succeeded and didn't get sued
1:58
and then the other guy he actually lost the lawsuit. Now if you look on Instagram's copyright page
2:08
it doesn't say anything about embedding. It does say that photos that you post you do own the copyright so people can go on there download your photos and claim them as their own Which is not what embedding is when you embed something
2:28
It's pointing directly see you got their name You got you click it and it goes to their Instagram page. It's not it's not hosted on my site which is one of the big arguments here is that you're not hosting it on your site. It's just pointing to here and
2:46
So it's not on my server, it's still on Instagram server, so it's not technically copyright infringement
2:55
Which is why in one of the cases the guy won because he said that what's the exact term
3:07
So I guess it's called the server test. So an embedded Instagram post is actually a bit of code that instructs the user's browser to fetch the contents of a post
3:16
directly from Instagram servers. So in the past courts I've ruled against plaintiffs and embedding cases based on the server test
3:32
which holds that liability goes to whoever runs the server. So embedding an Instagram post
3:43
it stays on Instagram so the liability goes to whoever runs the server
3:52
so when you're embedding a post you're just pointing to Instagram servers
3:57
which means I can't be infringing on any copyright unless Instagram is also infringing on copyright
4:09
which they aren't so but I just I don't understand why two lawsuits different results I don't understand why one of them was successful and one of them wasn't
4:23
but apparently Mick Guck in here he was sued and uh he refused to dismiss his lawsuit um But over here mashable won a very similar case So I not sure why Mashable won his case but McGuckin lost his
4:54
I don't understand. So here it says Instagram doesn't grant websites a sub license to embed other people's posts
5:04
which is their big argument. But like I pointed out before, it doesn't say anything about embedding
5:14
Embedding is completely different than downloading someone's photo and posting it as your own
5:20
Embedding is a whole different thing. Just like if you were to take a YouTube video and download it and then post it, it would be
5:28
copyright infringement. But when you're embedding something, it's not. It says here, Instagram is clearing up the situation in photographer's favor
5:37
it never specified which part of its policy covered embedding rights because they never did they don't mention it
5:48
so I think Instagram needs to update this and say something about embedding because usually you're free to embed
6:02
it's not illegal to embed something just like when I go here, say I click Andrejik's video
6:13
You can go to share and embed, copy this link, completely legal
6:24
Come here, YouTube, and... Okay, you don't do it that way
6:35
You just go, you just copy this. embed. And that's completely legal
6:44
Because Andre has the ability to go in his video settings and disable embedding
6:55
The same thing should be true of Instagram. Instagram needs to make a setting
6:59
where users can disable the ability for other people to embed The only way that users can not
7:11
allow embedding is to make their profile private, which a lot of people don't want
7:17
to do that. So I think it's on Instagram to change or add that setting. But in the
7:27
meantime in the meantime honestly you might want to just avoid embedding Instagram photos
7:39
I'm gonna keep the ones that I did and see what happens but it seems like it's a little
7:47
risky at the moment it seems like some people are saying one thing some people are saying
7:52
the other so it's hard to say what is actually true Common knowledge seems to say that embedding should be fine
8:04
You should be safe to do that. But who knows? I think Instagram needs to write somewhere in plain English
8:14
What are the rules? Can I embed or can I not? What's the point in having an embed feature if it's illegal
8:25
I mean, if I get permission to use someone's photo, why would I not just download it and post it on my site
8:34
What's the point in having an embed feature? But yeah, that's my thoughts
8:42
You can embed if you want, you can try it. It should be fine to do so, but it's not 100% guarantee
8:50
Just like I said in this case, there was two lawsuits, different results one person was successful one wasn't I don't know the exact details
9:01
of the case but if you want to dig up on this a little bit deeper you can and
9:08
let me know in the comments do you use embed Instagram photos and have you ever
9:15
thought about all of this and whether or not it's legal or not and what what do
9:22
you do in terms of all that
