You're watching...
Social media expert Peter Shankman, attorney Joey Jackson and United Advisors Chief Market Strategist Scott Martin on Instagram’s new policy on user...
Also in this playlist...
Auto-advance: ON
Auto-advance
This transcript is automatically generated
Harry and I don't like this one the popular photo sharing site is to Graham.
Now claims the right to sell users' photos without payment or notification and get this.
Unless users delete their -- before January 16.
There is no way to opt out.
Is to -- can sell your photos to amortize your kids they become an ad.
So you're image can be sold for profit for is to -- and not for you the move has already caused.
An outcry among users in here break it all down is today's money power panel.
Attorney Joey Jackson we've got Peter -- A marketing incessant media expert and market -- -- Scott Martin.
Wow.
I believe this story when I heard it -- is this illegal.
Not at all fear not look there's three issues here want his contract the second is primitive contract in the last issue is commercial misappropriation.
Very briefly.
A contract is generally molest site byproduct of an agreement correct.
And when you have something like this which is -- -- -- coercive in people saying look the company this actually sank.
Do what we want you to do or don't use -- product.
The reality is courts treat that as a contracts of adhesion which is unenforceable second.
Primitive contract they contract Melissa -- between two parties.
What happens if you and I get out pictures snapped we don't have anything to do it -- the Gramm the person who owns and they're -- -- a user snaps it.
They use our picture for commercial profit we didn't consented that.
And then the third issue with for commercial purposes generally speaking -- let's -- it's someone is going to use our image and likeness for commercial better -- Pay us get our authorization if you don't don't try him.
So so you're getting ready to assume is the bottom line of everything you get there we didn't understand all those things you do -- You're you're you're outside the courtroom right now standing there ready to go I have my briefcase reprimands.
Perfect I love it well -- always -- but Scott let me ask you I mean.
This good for FaceBook FaceBook of course is the owner of -- to Graham.
Maybe they were -- amortize the cost of this acquisition by selling -- -- photos or I mean what do you think.
Well they gotta find a way to get some of that money back must have paid a billion dollars Morton yeah -- the other -- that Twitter offered about half -- that amount so.
Let's send him FaceBook has been you know really in a series of missteps here so.
You're right I mean they certainly have generated some money -- it's -- questionable play.
-- I will tell you -- the other thing it's just real quick hits.
FaceBook is already moving his way -- -- if you look at their last earnings report they're talking about mobile advertising they're trying to please advertisers that are spending money.
On their platform this is a good way for them to do it.
I guess unless you alienate absolutely everyone that uses your site having Peter let me ask you -- present.
What I think is not pretty it's so in mr.
Graham put out a message by the -- they tweeted it which isn't exactly an endorsement are placed on us on Twitter is a competitor.
But they tweeted at it's -- -- We've -- you that the updates to our privacy policy in terms of service are raising a lot of questions that's a nice way of saying everyone is freaking out.
And then it says we'll have more to share -- very soon.
-- -- perhaps they are rethinking this policy good idea.
OK let's let's start the beginning when I when I sat down I was very happy now need -- drink number one.
Number one instant Graham is not doing anything of the sort -- you actually read the terms of service what they're saying you cannot say hey we're selling your photos when I -- agency.
What they're saying is we're taking the photos you have.
And we might have sponsors promote them you know -- -- -- that's what they spokesman doing for year and they haven't lost anyone that's number one number -- Because you don't want realizes what's -- let me bring.
The whole entire world let's -- hi everyone -- -- -- -- -- -- -- the same thing and I'm getting off FaceBook let me let me people got -- -- out of 850 million I think about four.
So you're not actually people love to three gallon -- of the of social media happens this is not the end of the world and the fact of the matter is look.
Your consumer you're not consumer you're not customer is someone you might not agree that's why aren't EE ease and certainly is your -- don't give him that can't be right a couple of.
Well look there's three things that are gonna happen number one I think from a business perspective they're gonna realize people outrage and when people -- it affects your bottom lines will get rid of -- -- -- the number two that could be alleged that could be a legislative response either you -- it yourself on the legislature right will step in and do -- for you and finally as a practical matter if you don't want lawsuits and think to incur that expense and that everybody filing preliminary injunction strife saying stop this policy -- going to rethink it today huddled up now what their priorities.
Finding a way to get out of this back.
Cracking.
Scott I mean the idea of anyone using photos of my family I'm the fear when you put photos up on line.
You're always afraid that -- it's gonna take them and use them for something else and I don't.
I don't post photos and a lot of places just for this reason -- -- -- gonna scare people away from mr.
Graham no matter what they say the exit now.
I don't know what I -- the same thing let's I don't post lot of photos for that reason is nobody look -- two way is number one like let's say I'm going to be it's my wife and she takes a picture of me and puts on his degree and you think.
Me and my speed dial up that's not enough science homework -- -- -- -- How does an hour I'm running your finger and maybe I don't know let's -- -- -- well -- -- -- my friend I mean that may I now a lot of things about I had but I tell you.
Most Americans including myself -- aren't cute and upper Perino I didn't had anyway is that nobody has the -- about it.
Number -- isn't as a possible addition business like the American Idol for like ads you can actually closed up.
A bunch of photos in -- enemies and company might find you and then you can call limits that you don't want my god doing anymore is -- grants until you pay me -- -- -- good at making Peter what do you think advance your lap band I.
-- reasons it's so funny you know again the same thing happened on FaceBook a year ago known freaked out.
First of all as far as legislation -- the legislature is having a hard time -- spelling or Internet for Dennis dram pastor of the happen anytime soon they're on how much bigger thing to get involved and but secondly again this is is -- Graham has a terms of service that says hey we have the right you're you're hosting the photos on our side we're giving you this service for free.
If you wanna using -- degree -- -- I think the cellular phone without right now might they assign advertisers know the best when you know it's bringing up the most about this.
Pictures -- take pictures of their food and millions and millions of cats that's about it.
To give you the last word we're out of time what act I mean -- seems almost be outnumbered at this point is there any chance this isn't a legal or.
Less than we attorneys are constantly outnumbered but we fight and win and that sometimes.
I'm glad I -- what you know within that gonna take a picture of you everyone wants your -- -- -- -- didn't you can now write -- Really get there you as a fantastic thanks so much for coming -- -- him with that Peter got analysts simpler time on the show and we're gonna bring you right back up your drinks are.
