One professional photographer found out about this the hard way.
"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."
See Sinclair v. Ziff Davis and Mashable
- UN Convention on the Use of Electronic Communications in International Contracts (CUEIC)
- Electronic transactions legislation - Commonwealth, Queensland
- UNCITRAL Model Law on Electronic Commerce
Establishing and operating websites
How do you determine when an electronic communication is sent/received? What are the possibilities?
Vienna Convention on the Sale of Goods (incorporated into
Guidelines for operating websites
Clickwrap / Shrinkwrap agreements
What is the difference between a clickwrap and a shrinkwrap license?
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