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10
Jun
New York court rules website didn’t violate image copyright by embedding Instagram post
16
Apr
 |
A Manhattan federal court has dismissed professional photojournalist Stephanie Sinclair’s copyright claim against digital media website Mashable, ruling that it did not violate her copyright by embedding one of her Instagram posts on its website. The legal issue arose in 2016 when Mashable published an article on female photographers whose work includes the topic of social justice, putting Sinclair at #9 on its list.
According to court documents, Mashable contacted Sinclair in March 2016 and offered to pay $ 50 to license one of her images for use in its article on female photographers. Sinclair declined the offer, so Mashable instead embedded an Instagram post of the image that Sinclair had published on her public Instagram account.
Fast-forward to January 2018 when, according to the court documents, Sinclair contacted Mashable and demanded that they remove the embedded post from the article on the grounds of copyright infringement. Mashable refused to remove the Instagram post and 10 days later, Sinclair filed a copyright lawsuit against the publication and its parent company Ziff Davis, LLC.
The lawsuit raised questions over Instagram’s Terms of Service, its right to grant sublicenses for images uploaded to its platform, and whether sharing and embedding public social media posts without permission or a direct image license constitutes copyright infringement.
Instagram states in its Terms of Use that while it does not claim ownership of a user’s images, they grant the company a license to use it when they upload the content to the platform. Instagram says that when a user uploads images to its website…
‘…you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account.’
Mashable argued that based on that Terms of Use, it had a valid sublicense from Instagram that allowed it to embed the image post on its website. The defendant argued, among other things, that:
‘…because Plaintiff uploaded the Photograph to Instagram and designated it as “public,” she agreed to allow Mashable, as Instagram’s sublicensee, to embed the Photograph in its website.’
Sinclair’s legal claim countered this, according to court documents, which cite multiple arguments, including a claim that because Mashable didn’t get a direct image license from the photographer, it shouldn’t have been able to get a sublicense for the content from Instagram. The court disagreed with that argument, however, with U.S. District Court Judge Kimba Wood noting:
‘Plaintiff’s right to grant a license directly to Mashable, and Instagram’s right, as Plaintiff’s licensee, to grant a sublicense to Mashable, operate independently. Mashable was within its rights to seek a sublicense from Instagram when Mashable failed to obtain a license directly from Plaintiff—just as Mashable would be within its rights to again seek a license from Plaintiff, perhaps at a higher price, if Plaintiff switched her Instagram account to “private” mode.’
As well, Sinclair had argued that it is ‘unfair’ that a platform like Instagram is able to force professional photographers to choose between keeping their accounts private or allowing the company to sublicense their publicly shared content because it is ‘one of the most popular public photo-sharing platforms in the world.’
Judge Wood acknowledges the nature of this issue, but ultimately states that:
‘Unquestionably, Instagram’s dominance of photograph- and video-sharing social media, coupled with the expansive transfer of rights that Instagram demands from its users, means that Plaintiff’s dilemma is a real one. But by posting the Photograph to her public Instagram account, Plaintiff made her choice. This Court cannot release her from the agreement she made.’
The copyright claim was ultimately dismissed, a conclusion that contrasts the ruling from a New York court in early 2018 on the case of an embedded tweet that featured an image of athlete Tom Brady.
In that case, the court found that embedding such tweets may constitute copyright infringement and the fact they were uploaded to a third-party server like Twitter didn’t change that. The basis of the latest ruling is different, however, focusing on the terms of use the photographer agreed to rather than the ‘server test’ used in the 2018 copyrighted tweet case.
Both of these legal claims follow a different legal case from 2007 in which the precedent was set for how the Internet of today operates: that a person or company who embeds content hosted by a third-party source like Facebook or Twitter are not in violation of copyright, but rather that the hosting company itself is liable.
DPReview contacted Mickey Osterreicher, NPPA’s general counsel, for comment. He had the following to say about this New York ruling:
‘I have not had an opportunity to review the court’s opinion and order in this case so I do not feel it appropriate for me to comment. I will repeat something that NPPA has stressed for many years – photographers read and understand the terms of service or the terms of use on each and every social media platform before agreeing to them or posting on those sites. They also must continue to vigilantly monitor those terms as they are frequently changed and updated.’
Articles: Digital Photography Review (dpreview.com)
What to Post on Instagram When You’re Out of Ideas
28
Jan
The post What to Post on Instagram When You’re Out of Ideas appeared first on Digital Photography School. It was authored by Charlie Moss.
Ever find yourself stuck knowing what to post on Instagram? I’m sure we’ve all read the guides that tell you to use apps to plan and schedule your social media presence weeks in advance. But despite best intentions, I still only ever manage to post as and when I think about it!
ISO400, 35mm (50mm equiv.), f4, 1/60th sec
That often leaves me with a block, not knowing what to post. And I know I’m not alone in this.
The truth is, if you’ve not created any new photographs for a while that you can share, then you might be wondering if it’s worth posting anything at all.
The answer is almost always yes. It’s always worth posting something! But what to post?
Here are some ideas for what to post on Instagram that you can create from your image archive.
Behind the scenes shots
If you’re shooting with a buddy, always get them to take a behind the scenes shot of you with your camera. In fact, get them to take a few and return the favor! If you make an effort to take these shots as often as you can, you’ll never be short of images that you can post when you’re stuck for what to post on Instagram.
The benefit of these kinds of behind the scenes images is that your audience will get to know you and feel connected to both you and your work. They’ll feel like they’re a part of your creative process and, therefore, have a more emotional investment.
Original image shot on an iPhone in natural light.
If you tend to shoot by yourself, then this gets a little tricker, but I’ve had good success in posting my tabletop and studio setups to Instagram stories. Sometimes I’ve even posted images that I’m halfway through retouching to my stories – as long as the subject doesn’t mind. It gets people interested, asking questions and starting conversations.
#FollowFriday
Something that I’ve noticed on Instagram over the years is that the more time you spend building others up, the more you will be repaid in kindness (and likes – of course).
ISO400, 35mm (50mm equiv.), f4, 1/40th sec
The ‘followfriday’ hashtag is a great way of building other people up, promoting their work, and also providing a useful service to the people who follow you. Everyone wants to find more interesting people to follow on social media. By recommending those people whose work you love to your followers, you’re helping them discover new and exciting people to follow.
I usually do #followfriday shout-outs in my Instagram stories. By choosing a photograph that I love from the other persons’ feed and sharing it to my stories, I find that I get great engagement from my followers. And at the same time, if I have an important announcement to make about my work, I can post it, and I know that more eyes will see it than usual.
#ThrowbackThursday
Who doesn’t love digging through the old photo albums to find some real gems from the past? As true as this is for finding embarrassing family photos, I like to do it with my photography work too!
The original image was shot in the studio with a beauty dish.
‘Throwback Thursday’ is a great opportunity to showcase some older work that has been somewhat forgotten. It’s a global hashtag that people with all kinds of interests and backgrounds both post on and follow. If you’re wondering what to post on Instagram, this can be a fun exercise in delving back into your archive to see what you might have forgotten about or even missed the first time around.
If your Lightroom catalog is organized, this shouldn’t be a tough task. All the photos should be there and laid out for you in a logical way, ready to sort through and find (old) new pictures to post on Instagram.
Hopefully, you’ll gain some new and unexpected followers when you do post from the archives!
Tips, tricks, and tutorials
Even a photographer who is a relative beginner has a neat trick or tip that they’ve learned and that they can share. Think about your workflow when it comes to taking photos – what have you come up with that is a neat little hack that could help others?
Original image shot in the studio with a beauty dish.
I love to post these kinds of little short lessons on Instagram stories as a short series. Using the tools right on my iPhone, like Image Markup, I can draw on pictures to illustrate the point I’m making.
In order to make it work, you need to find something simple that will fit into just four or five slides. In the set above, I also included a photo of a Rembrandt painting for comparison.
The tip you’re giving should be easy to understand in less than a minute. Otherwise, you might find it’s better to write a blog post or use another longer-format approach.
Keep it coherent
If there’s one thing that’s true when it comes to Instagram, it’s that coherent profiles are usually the most successful. That’s easier said than done if you’re a beginner as it takes a while to establish a consistent style.
Don’t forget that Lightroom presets can be a great way to make your images look like they belong together.
As you start to see a coherent look emerge that you like, stick to it! People will come to expect a particular look and feel from your Instagram posts, and it’ll be one of the reasons that they keep coming back for more.
The small circles at the top of the grid are the Story Highlights. You can use them to keep important stories at the top of your Instagram profile page.
Don’t forget to use Instagram stories. You can create “Story Highlight” sections on your Instagram profile page to keep all the interesting content you’ve uploaded, together in one place. This extends the life of a story that you post from 24 hours and giving it a permanent place on your profile page.
I use this as a way to bookmark useful info I’ve posted or small portfolios that I might want people to look at. You could keep all your tutorials in one, and your #ThrowbackThursday stories in another!
Most importantly, though, when you’re wondering what to post on Instagram, just post something! Consistency is key on social media. Keep posting, and your work will stay at the forefront of people’s minds!
The post What to Post on Instagram When You’re Out of Ideas appeared first on Digital Photography School. It was authored by Charlie Moss.
Former Facebook employees claim Instagram hid ‘likes’ to increase post frequency
12
Dec
 |
A new report claims on behalf of three former Facebook employees that Instagram is hiding ‘likes’ as an experiment to determine whether doing so will get users to post more content. The theory, according to CNBC, is that users who receive few likes on their content may not post as often out of a sense of embarrassment. By hiding likes, Instagram may remove the psychological barrier preventing many users from frequently posting.
Over the course of its test this year, Instagram repeatedly presented its decision to hide likes as an effort to ‘depressurize’ the platform, reduce cyberbullying, and help users focus on the subjects and people who interest them. By hiding likes, the company has said, Instagram will feel less like a popularity contest.
The anonymous sources speaking to CNBC claim that it was parent company Facebook’s research that spurred the hidden likes test. The social media company allegedly found that removing public like counts resulted in Instagram users posting more often.
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One source claims that Facebook’s research showed users were deleting or hiding posts that didn’t receive many likes, among other things. Whereas the lack of publicly visible likes helps users feel less self-conscious when their content doesn’t get much attention, the delivery of like and comment notifications to these same users may provide an incentive for them to post more often.
Instagram is allegedly aware of the fact that hidden ‘likes’ may have a negative impact on influencers by reducing the amount of engagement on their posts, but the sources claim that Facebook isn’t terribly concerned due to the lack of adequate competing services these influencers have available to them. This may not matter for the company in the long run if enough users start posting often enough to noticeably boost ad revenue, potentially making up for any negative effects on influencers.
The question remains over whether the ‘depressurized’ nature of a publicly like-free Instagram will lead to the more habitual use of the platform among some users, potentially paving the way for an uptick in ‘Instagram addiction’ cases. If a sense of peer pressure is causing many users to inherently moderate their use of the platform, removing that psychological barrier may have some unwanted consequences.
Articles: Digital Photography Review (dpreview.com)
Users can now appeal Instagram’s post blocking decisions
11
May
 |
Earlier this week Instagram announced it will take fact-checking more seriously and remove or reduce the visibility of posts that include misinformation. However, if a post does get removed for misinformation, or any other kind of violation of Instagram terms and conditions, users have now the opportunity to appeal that decision.
A new app interface that is being rolled out starting today will let you get your post reviewed by a second moderator. If they disagree with the original moderator’s decision your post will be reinstated into your profile.
The company also says it will begin blocking vaccine-related hashtag pages when those pages contain a proportion of verifiably false content above a certain threshold. If false information is posted but remains under the threshold, Instagram will reduce visibility by not showing recent posts. The company says now that health agencies like the Center for Disease Control and World Health Organization have confirmed that vaccines do not cause autism in children it is comfortable taking these measures.
Instagram is using the vaccine subject to test this approach. If it is successful the methodology might be applied to other problem topics in the future. The automated system scans new posts and checks them against problematic elements of posts that have previously been banned. Optical character recognition is used to find text in images and the company is working on the same function for video content.
If the system is confident it has identified a violation, the offending post is removed and counted as a strike against any hashtag included. If a hashtag reaches a certain proportion of violating content it will be blocked.
Articles: Digital Photography Review (dpreview.com)
How to Post Photos to Instagram from your Computer using Bluestacks
09
Apr
The post How to Post Photos to Instagram from your Computer using Bluestacks appeared first on Digital Photography School. It was authored by Ian Johnson.
Instagram. Ever heard of it? It is the ever-present, popular social media platform to show off your photography to over a billion users. Savvy users may rapidly spread the impact and influence of their images, message, and brand making it a preferred platform for many photographers. Sounds amazing right? So what is the catch? The catch with any social media is that it takes time to curate and post your work which takes time away from other photography tasks. Instagram can exacerbate that because its platform is proprietary to phones and mobile devices making it tedious to post your professionally-edited work from your computer. If you agree with that, I have great news! Bluestacks Android Emulator can access and post to Instagram from your computer.
I want to start this article by saying Bluestacks did not solicit or pay me in any way to do this. When researching for solutions to post to Instagram from your computer, I came across Bluestacks and have been using it for a year. I have written this article from my experience using their software. I review its usage for Instagram, some cons, and some pros.
Safety
One of my main concerns when initially installing Bluestacks was its security. You may be concerned about putting your passwords into it, or that Bluestacks may contain spyware. They guarantee that no spyware or malware is packaged with their software. After doing much searching online, I found the consensus was that Bluestacks was secure overall and that entering your password information for Instagram was no different than entering it into the Instagram app on your phone.
Usage
Booting Up
You can follow the installation steps from Bluestacks to get started. In short :
- Download Bluestacks Emulator from bluestacks.com and run the installer.
- Open up Bluestacks and sign in with your Google Account like you would on your cell phone.
- Open up the Google Play Store and install Instagram. You will be familiar with this as it is the same as your phone’s app store. Note: if you have two-step verification installed for Instagram you will have to temporarily disable it to sign into Instagram on Bluestacks. You can re-enable it once you have signed into Instagram.
Using Instagram
Using Instagram through Bluestacks is simple. Export your images from your editing software. Use Bluestacks’ “Media Manager” to import the image into Bluestacks. This will make the image available for use on Instagram.
Use Bluestacks’ media manager to import your exported image on your computer.
I like to store my exported images in a separate location than the RAW files. Bluestacks remembers this location to make it easy to access the images.
Open up Instagram to make your post. Assuming you already use Instagram, you will go through the same steps you use on your phone. You will appreciate being able to make the post using your keyboard!
To create a post open up Instagram in Bluestacks. Create the post using the same steps you would on your phone.
Thoughts and Review
I hope the steps above demonstrate how easy Bluestacks is to set up and use. After using Bluestacks for a year, I have appreciated the ease in creating posts and responding to users on Instagram. I like knowing I am using my time as efficiently as possible! I’ll break down the pros and cons of Bluestacks as I see them.
Pros
Bluestacks makes it efficient to post your edited photos to Instagram. In contrast to other solutions such as posting from Lightroom, you can interact with all of Instagram’s features and respond to comments and followers. I appreciate knowing I can spend more time photographing and editing with less time spent on social media. I also like using Instagram on a large screen and the ability to type using a keyboard.
One efficiency you should use is storing your common hashtags in a notepad document. You can simply copy and paste them into Instagram in Bluestacks. No more worries about mistyping or missing your most productive hashtags!
I keep a list of commonly used hashtags in a notepad file. This allows me to copy and paste them into my post on Instagram.
Cons
There are some cons to the Bluestacks software that I’ve encountered. First, it is a RAM and graphic-heavy software. You may get speed performance issues with Bluestacks if you have moderately low ram (e.g., 8Gb). This is prevalent when you have multiple programs open eating up lots of RAM on your computer.
Second, there have been some bugs in Bluestacks which I have found workarounds for. I already mentioned the two-step verification bug. Another bug I have encountered is Instagram closes after starting it and will not open again until you reboot the software. This is not common and I’m not sure what triggers it, but you simply need to be aware of it.
Last, Bluestacks is a third-party app. At this time I trust the software’s security and commitment to no malware in their software. However, those terms could change in the future and you should always be conscious of what is contained in software updates.
The Bottom Line
I hope you like the Bluestacks solution and start to use it to improve your social media efficiency so you can spend more time working on your photography! As I always say, “Pixels are cheap.” I hope you make more pixels and spend less time on Instagram thanks to Bluestacks’s efficiencies!
Do you have other solutions that you would like to share? If so, feel free to comment below.
The post How to Post Photos to Instagram from your Computer using Bluestacks appeared first on Digital Photography School. It was authored by Ian Johnson.
Instagram clarifies its algorithmic feed doesn’t limit post reach, despite viral claims
24
Jan
 |
Instagram has released a statement clarifying a viral image that claims only 7% of a user’s followers can see content they share on the platform. Images of the clickbait claim have been making their rounds on the platform for months, usually with the header, ‘This is a test.’
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| A collection of posts with the hashtag #thisisatest that can be found when searching Instagram |
According to a series of tweets from the company, Instagram hasn’t made any recent changes to its feed algorithm and doesn’t hide any posts from users.
We have not made any recent changes to feed ranking, and we never hide posts from people you’re following – if you keep scrolling, you will see them all. Again, your feed is personalized to you and evolves over time based on how you use Instagram.??
— Instagram (@instagram) January 22, 2019
Instagram addressed the claim in multiple tweets yesterday, stating that its users will see all posts from all accounts they follow, assuming they “keep scrolling” long enough.
Instagram replaced its chronological feed with one sorted by an algorithm in 2016. Since that time, Instagram users see content presented based on a number of factors, including how often they engage with a particular account and how often they check their feed. Some users have been confused by this change, which can make it appear that posts by some accounts are missing from the feed.
In March 2018, the company announced that it would tweak its algorithm based on this feedback so that newer posts were more likely to show up near the top of the feed.
Articles: Digital Photography Review (dpreview.com)
You can now post photos and videos to multiple Instagram accounts at once
16
Jan
 |
Instagram has added the ability to simultaneously post photos and videos across multiple accounts.
The multi-post option appears during the process of adding the caption, location, and tags to images, above the options to share the image on other social networks. DPReview first became aware of the feature on Sunday, January 13th and contacted Instagram to confirm whether or not the feature was live across all users or only a particular subset as part of an A/B test, something Instagram is known for doing in the past.
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DPReview has not heard back from Instagram, TechCrunch received confirmation of the feature via a company spokesperson that said ‘[Instagram is] rolling out this feature to provide a better experience for people who often post to multiple accounts.’
Currently, the feature appears to be limited to iOS devices, according to the Instagram spokesperson, with no details on when the feature might make its way to Android. Not all iOS devices will have it either and Instagram is yet to confirm a hard timeline on when the feature will be rolled out to all iOS users.
Articles: Digital Photography Review (dpreview.com)
Instagram leak claims post re-sharing feature is in testing
22
Sep
 |
A new report from The Verge claims Instagram is currently testing a feature that allows users to re-share posts to their own account feeds. Such a feature, assuming it were to launch publicly, would allow Instagram users to share other users’ content, each re-shared post reportedly showing the original poster, as well as each user that subsequently shared it.
The Verge cites screenshots of the alleged test and “an interview with a source,” in its report, however Instagram told the publication that it is not developing or testing a re-sharing feature.
A re-sharing tool, if one launches, may be limited to businesses
Nonetheless, the report claims that Instagram is calling the feature “seamless sharing” internally, developing it as a way for users to present photos and videos from other users in their own feeds. This would be similar to the Stories sharing feature Instagram launched earlier this year. Each post can reportedly be shared at least two times, the reports states.
The feature pictured within the leaked screenshots is described as “extremely rough,” indicating that development is still in its early stages. As with any test, it’s possible no such feature will be launched publicly to users. The report also points out that a re-sharing tool, if one launches, may be limited to businesses as a way for users to share merchandise posts with their followers.
Via: The Verge
Articles: Digital Photography Review (dpreview.com)
This free app finally lets you post to Instagram from your computer
12
Oct
 |
Photographer and programmer Felix Sun has designed an app called Windowed that finally allows you to post images to your Instagram account straight from your computer—no tablet, smartphone, or strange loophole workaround required.
Instagram is a great way to build an audience and even earn yourself a commission or two, but the app’s mobile-only upload has been a thorn in every professional photographer’s side from the very beginning. Most of us don’t shoot our best photos on our phones, and many camera brands don’t have the best systems (read: some downright suck) in place for getting those photos off of your main camera and onto your smartphone.
Enter Windowed, a simple app that allows you to upload images straight to Instagram from your Mac or PC. And best of all, the application is open source and “100% free.”
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The app is able to provide this functionality thanks to a semi-recent update to Instagram that allows you to post photos from a mobile browser. Under normal circumstances, you’re unable to access this functionality from your Mac or PC; Windowed pretends to be a mobile browser to get around this limitation.
There have been workarounds posted online for ages that make it possible to post to Instagram from your desktop, but this is the first implementation we’ve seen that’s truly easy. In fact, it’s no different than posting to IG using Chrome or Safari on your smartphone.
To learn more about Windowed, see the source code, or download it for yourself, head over to the app’s website by clicking here.
Articles: Digital Photography Review (dpreview.com)
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