When you make a public post on Instagram, you allow Instagram to sublicense you photo to anyone using the Instagram API.
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
A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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Showing posts with label click wrap. Show all posts
Showing posts with label click wrap. Show all posts
Online contracting, creating websites
e-commerce
Establishing and operating websites
How is contracting online different to other transactions?
What special regulations are there / should there be to address these differences?
Consider:
- UN Convention on the Use of Electronic Communications in International Contracts (CUEIC)
- Electronic transactions legislation - Commonwealth, Queensland
- UNCITRAL Model Law on Electronic Commerce
Ensuring enforceability of online contracts
Consider the differences between shrink wrap, click wrap and browse wrap agreements.
Where do website terms of use fit it? Consider some examples and the similarities / differences between them.
What is the impact of the unfair contracts legislation?
Establishing and operating websites
What do you need to be aware of (having regard to previous lectures)?
Online Contracting
This week we will cover the two related issues of online contracting and legal issues which arise when creating a website.
Online contracting
How do you determine when an electronic communication is sent/received? What are the possibilities?
Electronic Transactions Act - Queensland / Commonwealth
Vienna Convention on the Sale of Goods (incorporated intoAustralia law)
Guidelines for operating websites
What is the difference between a clickwrap and a shrinkwrap license?
Online contracting
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
Australian Treasury Guidelines for e-commerce
Terms of use
What are the common clauses / differences between these Terms of Use?
Clickwrap / Shrinkwrap agreements
What can you do to try and make a clickwrap agreement enforceable?
How will unfair terms legislation affect these agreements?
Enforcing Click Wrap Agreements
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