In the age of social media, Instagram in particular, visual content plays an important role. You often want to decorate your blog with attractive photos from this platform. However, before storing and publishing other people’s photos, it is important to understand the complexity of the issue of copyright on Instagram images and possible problems associated with the illegal reposting of Instagram photos. Ignorance of these rules can lead to serious trouble, so let’s take a look at how to use Instagram images on your blog legally and ethically.

Section 1: Copyright and Instagram

Understanding the principles of copyright in the context of Instagram is key for anyone wishing to use photos from the platform. Knowing the rules regarding both using Instagram photos without permission and the general rules for using Instagram photos will help you avoid potential legal and reputational issues. Let’s take a deep dive into the basics of copyright and see how they apply to Instagram content.

1.1. What is a photo copyright?

When it comes to photographs, it is important to remember that they, like any other type of creative work, are protected by copyright. This means that the photographer, as the creator of the image, has the exclusive right to use, distribute and reproduce it. In Ukraine, this right is regulated by the Law of Ukraine “On Copyright and Related Rights”, which defines the basis for the protection of intellectual property, including photographs.

What exactly does “exclusive right” mean? It is the photographer’s right to control how his or her work is used. He or she can:

• Reproduce the photograph: this means that the photographer has the right to make copies of their photograph in any form, whether it is a printed version, a digital copy or use in another work.
• Distribute the photograph: the photographer has the right to sell, give away or otherwise distribute his or her photograph.
• Publicly display the photograph: this includes exhibiting the photograph in exhibitions, publishing it on the Internet, or making any other public display.
• Create derivative works: The photographer has the right to create new works based on his or her photograph, for example, by cropping it, changing the colour or adding other elements.

According to Ukrainian law, copyright in a photograph arises automatically at the moment of creation and does not require registration. This means that photos posted on Instagram are automatically protected by copyright, even if the photographer has not explicitly stated this.

However, Instagram, as a platform, has its own terms of use, which users agree to abide by when they sign up. These terms also apply to copyright and the use of content published on the platform. It is important to understand that posting a photo on Instagram does not transfer copyright to the platform. The photographer retains all rights to his or her work.

Thus, before using any photo from Instagram on your blog, you should take into account not only the general principles of copyright, but also the specific terms of use of the Instagram platform. Disregarding these rules can lead to serious consequences, which we will discuss in the following sections.

Here are some key points to remember:

• Copyright in a photograph arises automatically at the moment of creation.
• The photographer has the exclusive right to use, distribute and reproduce their photo.
• Posting a photo on Instagram does not transfer copyright to the platform.
• Using photos from Instagram without the author’s permission may be a copyright infringement.

Inattention to copyright can have serious consequences, so we recommend that you carefully read the law and Instagram’s terms of use before using other people’s photos.

1.2. Terms of use of Instagram content

In addition to general copyright law, Instagram has its own terms and conditions of use that govern how users can interact with content on the platform, including the use of Instagram photos without permission from. Understanding these rules is extremely important, as breaking them can lead to account blocking or other sanctions. These terms and conditions determine whether is allowed to use images from Instagram under the law on the protection of design rights and what restrictions exist.

First of all, it is worth remembering that Instagram is a platform for sharing personal photos and videos. Although some users may be public figures or brands, the main purpose of the platform is to communicate and share personal content. Therefore, by default, Instagram does not allow commercial use of content without the author’s permission.

Here are some of the key points from Instagram’s Terms of Service that relate to copyright and content use:

• You own your content: Instagram does not claim ownership of the content you post. You retain all rights to your photos and videos.
• You grant Instagram a licence to use your content: By posting content, you grant Instagram a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly display and perform your content. This is necessary to enable Instagram to function and display your content to other users.
• You are responsible for the content you post: you must ensure that you have the right to post the content you share on Instagram and that it does not infringe on the copyrights, trademark rights or other intellectual property rights of third parties.
• You can report copyright infringement: If you believe that your content has been copied and published on Instagram without your permission, you can file a copyright complaint.

In summary, Instagram prohibits the use of other people’s photos without the author’s permission, especially for commercial purposes. Even if a photo is publicly available, it doesn’t mean you can use it freely on your blog. The best way to avoid problems is to get permission from the author of the photo before using it. In the following sections, we’ll go over how to do this, as well as discuss alternative options for sourcing visual content for your blog.

Here are some additional things to consider:

• Instagram has the right to remove content that violates its Terms of Service.
• Repeated violations of the Terms of Use may result in account termination.
• Instagram provides tools for copyright protection, such as the ability to file complaints and block certain users.

Compliance with the Instagram Terms of Use is important not only to avoid sanctions from the platform, but also to ensure the ethical and legal use of other people’s content.

Section 2: Risks and consequences

While it is tempting to use other people’s Instagram photos for your own blog, it is important to be aware of the consequences of using other people’s photos and the potential problems you may face if you ignore copyright. Failure to understand the risks can lead to serious financial and legal problems, as well as negatively affect your blog’s reputation. So let’s take a closer look at what negative consequences can arise from the unauthorised use of other people’s images.

2.1. Copyright infringement

Using someone else’s Instagram photos without their permission is a direct violation of copyright. This can have various consequences, from a warning from the author to serious legal problems. If you’re wonderingwhether you can commercially use a photo from Instagram without the owner’s permission, the answer is no. Such use can lead to lawsuits and significant fines. Let’s take a look at what to do if you use someone else’s Instagram photo without permission and what potential consequences may arise.

Warnings and content removal:

In many cases, the author of a photo, upon discovering unauthorised use of his or her work, may request that you remove the photo. Ignoring such a request may result in further action by the author.

Complaints to Instagram:

An author can file a complaint with Instagram about copyright infringement. As a result, your content may be removed, and your account may receive a warning or even be blocked.

Legal action:

In some cases, an author may file a lawsuit for copyright infringement. This can lead to significant financial costs for litigation and compensation to the author.

Reputational risks:

Unauthorised use of other people’s photos can have a negative impact on your blog’s reputation. Your readers may perceive this as unethical behaviour, which can lead to a loss of trust and a decrease in audience.

Violating the terms of use of other platforms:

If you use someone else’s Instagram photos on other platforms, such as Facebook, YouTube, or your own website, you may also be violating their terms of use, which could result in additional penalties.

So, can I use an Instagram photo to advertise without the author’s permission? Definitely not. Commercial use of other people’s photos is a particularly serious copyright infringement and can lead to the most severe sanctions.

It is important to understand that ignorance of the law does not absolve you from liability. Therefore, before using other people’s Instagram photos, carefully read the copyright law and the platform’s terms of use, and contact the author of the photo to obtain permission to use it.

2.2. Financial and legal issues

Illegal use of Instagram photos, especially for commercial purposes, can lead to serious financial and legal problems. Let’s take a closer look at what kind of consequences copyright infringers can expect, using thecase law oncopying packaging design as an example , asthe principles of copyright protection are similar for different types of creative work.

Penalties:

Copyright infringement in Ukraine is subject to significant fines. The amount of the fine may vary depending on the severity of the infringement, but in some cases can reach hundreds of thousands of hryvnias. Liability for copying a packaging design, for example, may include not only fines but also compensation to the right holder.

Compensation for damages:

The copyright infringer may be obliged to pay compensation to the author for the damages caused. The amount of compensation may include the author’s lost profits and legal fees.

Seizure and destruction of counterfeit goods:

In some cases, the court may order the infringer to seize and destroy all counterfeit products that contain unlawfully used photographs.

Criminal liability:

In particularly serious cases, such as systematic copyright infringement for profit, the infringer may be held criminally liable.

Court costs:

In addition to fines and compensatory damages, the infringer will also be required to cover legal costs, which can be significant.

Reputational losses:

Lawsuits and negative media coverage can seriously damage the reputation of your blog and company. This can lead to a loss of trust from customers and partners.

Given all of these risks, it is important to respect copyright and obtain permission from the author before using any photos from Instagram. It is not worth risking your finances and reputation to use other people’s photos.

Additional factors that may affect the amount of the fine and other consequences:

• Commercial use: using photos for profit is considered a more serious violation than non-commercial use.
• Audience size: the larger the audience of your blog, the greater the potential damage to the author of the photo, and thus the higher the fine can be.
• Repeat infringement: if you have already infringed copyright before, this can be an aggravating circumstance and lead to more severe sanctions.

Instead of taking the risk, consider alternative options for obtaining visual content for your blog, such as using free stock photos, creating your own content, or obtaining permission from the author to use the photo.

Section 3: Legal ways to use Instagram photos

Understanding the potential risks and consequences of copyright infringement, it is important to know how to use Instagram photos legally and ethically. There are several ways to legally use Instagram photos without risking a warning, fine, or lawsuit. Let’s take a look at these ways, as well as alternative options that will help you get eye-catching visual content for your blog without violating anyone’s rights. You will learnwhether you need to credit the author of an Instagram photo and how to do it correctly, as well as where to find alternative sources of visual content.

3.1 Obtaining permission from the author

The most reliable and ethical way to use someone else’s Instagram photo is to get permission from the author. This will allow you to avoid any potential copyright issues and ensure that the content is used legally. But how to get permission to use a photo from Instagram? Let’s take a look at this process step by step.

1. Contact the author:

Find the contact information of the photographer. It is usually listed in the Instagram user’s profile. It can be an email, a link to a website or other social media. If there is no contact information, try reaching out to the author via a direct message on Instagram.

2. Be clear in your request:

Explain to the photographer why you want to use their photo, where you plan to publish it and how you intend to use it. Be polite and professional.

3. Discuss the terms of use:

Discuss the terms of use of the photo with the author. This may include:

• Type of licence: You can ask for a non-exclusive licence, which will allow you to use the photo in a certain way, or an exclusive licence, which will give you the exclusive rights to use the photo.
• Licence term: Determine how long you need the licence for.
• Payment: Discuss with the author if the use of the photo will be free or if you will need to pay for the licence.

4. Put the permission in writing:

To avoid misunderstandings and conflicts in the future, it is advisable to get permission from the author in writing. This can be a simple email in which the author confirms your agreement.

5. Indicate the author of the photo:

When posting a photo, be sure to include the author and a link to their Instagram profile. This is not only a legal requirement, but also a manifestation of respect for the author and his work.

What if the photo is published on a private Instagram account?

In this case, it may be more difficult to contact the author. Try to find other contact information for the author outside of Instagram or contact them through mutual friends. If all attempts to contact the author have failed, it is better to refuse to use this photo. Remember, can I use a photo from a closed Instagram account without the author’s permission? The answer is no. Even if the account is closed, the photos are still protected by copyright.

Obtaining permission from the author may take some time and effort, but it’s the surest way to avoid copyright issues and ensure that you can legally use photos from Instagram.

• Be prepared for the fact that the author may refuse to allow you to use the photo. This is their right and you should respect their decision.
• Keep a copy of your correspondence with the author as proof of your agreement.
• Use the photo only within the limits that you have agreed with the author.

Obtaining permission from the author is a sign of respect for their work and an important step towards creating ethical and legitimate content for your blog.

3.2. Alternative options

If for some reason it is impossible or too complicated to obtain permission from the author of an Instagram photo, there are alternative options that will allow you to use visual content legally and for free. Let’s take a look at to find free photos for your blog and how to credit the source of an Instagram photo in case you do get permission to use the image.

1. Use free stock photos:

There are many websites that offer free stock photos for commercial and non-commercial use. Some of the most popular resources include:

• Unsplash: a huge collection of high-quality photos that can be used for free and without attribution.
• Pexels: another popular resource with free stock photos, videos and illustrations.
• Pixabay: A large database of free photos, vector graphics and videos.
• FreeImages: a site that offers a wide range of free photos for different needs.

Before using stock photos, read the licence terms carefully, as some sites may require attribution or prohibit the use of photos in certain contexts.

2. Create your own content:

The best way to avoid copyright issues is to create your own visual content. You can use your own photos, illustrations, or videos. This will allow you to fully control the copyright and create unique content for your blog.

3. Embedding Instagram posts:

If you still want to use a photo from Instagram but can’t get permission from the author, you can embed the Instagram post on your blog. To do this, use the Embed feature on Instagram. The embedded post will appear on your blog with a link to the original Instagram post. This will allow you to share content from Instagram without violating copyright.

How to attribute an Instagram photo:

If you have received permission from the author to use a photo from Instagram, be sure to attribute the photo. You can do this by adding a caption under the photo with the author’s name and a link to their Instagram profile. For example:

“Photo: @username_on_instagram”

Alternative options allow you to get visual content for your blog legally and for free. Choose the option that best suits your needs and goals.

• Before using any photo, make sure you have the right to use it.
• Keep copies of all licences and permissions to use photos.
• If you’re not sure whether you have the right to use a particular photo, it’s best to refuse to use it and find an alternative.

Using these tips, you can create an attractive and informative blog without violating copyright and use visual content legally and ethically.

Conclusion

In the era of digital content, where visuals play a key role, it is important to be mindful of copyright and the responsibilities that go hand in hand with it. It can be tempting to use other people’s Instagram photos on your blog, but ignoring the Instagram copyright rules can have serious consequences.

To avoid copyright infringement on Instagram, it is always best to get permission from the author of the photo. Even if you’re thinking of downloading a photo from Instagram for your blog, remember – it’s not recommended without the prior consent of the author.

Alternatively, there are many resources with free photos, or you can create your own unique content. Remember, respecting copyright not only protects the rights of creators, but also contributes to a more ethical and responsible online environment.

We hope this article has helped you understand the ins and outs of using Instagram photos on your blog. By following these recommendations, you will be able to create high-quality and attractive content without violating anyone’s rights.