Instagram, probably with the weight of the $1 billion that Facebook gave it earlier this year sitting on its head, has finally figured out that it needs to make a lot of money, fast. With that need, Instagram has dropped a brand-new Terms of Service agreement that basically turns its legions of photo-happy users into slave labor for marketing materials. Here, read for yourself, pulled from the "Rights" heading in the new ToS:
2. Some or all of the Service may be supported by advertising revenue. To help us deliver interesting paid or sponsored content or promotions, you agree that a business or other entity may pay us to display your username, likeness, photos (along with any associated metadata), and/or actions you take, in connection with paid or sponsored content or promotions, without any compensation to you.
The points bookending that section also note that first, Instagram doesn't own your content, but by agreeing to the ToS, you're giving Instagram the right to unlimited, free licensing of that content. Second, it says that Instagram is not required to notify you ever if indeed your photos are used. In short, that means that any photo you upload to Instagram could be used, with or without your name, in, say, a Facebook commercial in Prague without you receiving any payment or notice of its use.
That last part is the best; not only is Instagram selling your work through a Mafia-like wink-and-nod licensing agreement, but you might not even get the residual benefit of knowing that your photo was ad-worthy. For amateurs and pros alike, not even being informed that your hijacked photo is famous–a big bonus for anyone's portfolio–is comical.