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
Who does this affect?
The new laws raise issues for all software licences with Australian end-customers where either:
- the software is "of a kind ordinarily acquired for personal, domestic or household use or consumption"; or
- the amount paid or payable for the software is $A40,000 or less.
Those end-customers are taken to be "consumers" by the ACL, even if they are multinational corporations or government entities well-equipped to negotiate to protect their interests.
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