Explaining the Instagram Terms of Use that YouTubers Should Be Aware Of

Instagram is a popular social networking service (SNS) where users can post photos and videos. As of March 2019, the number of active accounts in Japan exceeded 33 million. Many YouTubers use Instagram to increase their followers and promote their YouTube channels.

However, not many people may thoroughly read and understand the terms of service when using Instagram.

It’s important to be careful as unknowingly violating these terms could result in the suspension or deletion of your account.

In this article, we will explain the Instagram terms of service that YouTubers should be aware of.

Points to Note Regarding Instagram’s Terms of Use

If content on Instagram is found to be in violation of policies, including the terms of use and community guidelines, the operating company, Meta Platforms (formerly Facebook, known in Japan as ‘Facebook Japan Inc.’), may decide to remove the content or suspend the account.

For instance, according to Instagram’s terms of use, users must be at least 13 years old (or have reached the legal age to use Instagram in their own country). This is also stipulated in YouTube’s terms of use, which require users to be at least 13 years old (excluding the use of YouTube Kids).

As the terms of use and guidelines vary by platform, it is important to check them before using Instagram.

Prohibition of Unauthorized Reproduction in Instagram’s Terms of Use

The following actions are prohibited under Instagram’s Terms of Use:

・Posting others’ personal or confidential information without permission, or infringing on others’ rights such as intellectual property rights (copyright infringement, trademark infringement, forgery, pirated goods, etc.) is prohibited.

Instagram｜Terms of Use[ja]

Unauthorized Reproduction May Also Constitute Copyright Infringement

Furthermore, the Community Guidelines also state:

Please only share photos and videos that you’ve taken yourself or that you have the right to share.

Instagram｜Community Guidelines[ja]

It is prohibited to post photos or images for which you do not hold the copyright, i.e., photos taken and posted by others, without permission.

Unauthorized reproduction not only violates Instagram’s Terms of Use, but it also has a high likelihood of infringing on copyright. Therefore, refrain from doing so. For more information on copyright of information on the internet, please refer to the following article.

Related Article: How Much Information on the Internet Can Be Used? Explaining Copyright on the Net[ja]

Note that it is possible to share other users’ posts using the “Repost” method.

Also, you can use the “Share” function to share other users’ posts on your social media accounts other than Instagram.

Consideration for Portrait Rights is Also Necessary

Even if you took the photo yourself, posting a photo in which someone else’s face is clearly recognizable without their consent may infringe on their portrait rights.

For more information on portrait rights, please refer to the following article.

Related Article: Portrait Rights of Images and Videos Posted with Instagram’s Story Feature[ja]

The prohibition of “actions that infringe on others’ rights such as intellectual property rights” stipulated in the Terms of Use includes infringement of portrait rights. To avoid trouble, if someone else’s face is in the picture, make sure it is not clearly recognizable by blurring it or applying a stamp, etc.

Granting a License by Using Instagram

According to the Instagram Terms of Use, the rights to the user’s content are stipulated as follows:

While we do not claim ownership of your content, you grant us a license to use it.

Instagram｜Terms of Use[ja]

While the rights such as copyright that the user holds do not transfer to Meta Platforms, it is understood that the user grants the following license to Meta Platforms:

You grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings).

Instagram｜Terms of Use[ja]

In other words, while the rights to the content posted on Instagram belong to the user, by posting the content, the user is granting permission to reproduce and distribute the content. It is important to note that this license does not terminate until the content is deleted.

Similarly, the YouTube Terms of Use also stipulate that the rights belong to the user, and the user grants a license to YouTube.

Points to Note When Promoting on Instagram

When conducting promotions such as sweepstakes, it is necessary to comply with Instagram’s “Promotion Guidelines”.

The Promotion Guidelines stipulate that the page creator is responsible for legally operating the promotion. Specifically, it is required to set official rules, terms and conditions, and eligibility requirements such as age and residence. In addition, compliance with laws and regulations is required as follows:

・Comply with the rules and regulations applicable to the promotion and the prizes or prize money offered (registration, obtaining necessary regulatory approvals, etc.).

Instagram｜Promotion Guidelines[ja]

Furthermore, it is prohibited to attach incorrect tags to content or to induce other users to do so.

In other words, you cannot run a campaign that asks for hashtags like “#○○CampaignEntry” to be attached to unrelated images (making the attachment of such hashtags a qualification for entry).

Also, the Community Guidelines prohibit campaigns that offer cash in exchange for “likes” or follows.

Please do not offer cash or cash equivalents in return for interactions, including “likes”, follows, and comments.

Instagram｜Community Guidelines[ja]

When conducting promotions on Instagram, not only must you comply with various guidelines, but you must also comply with the Japanese Premiums and Representations Act and other related laws. Depending on the content of the sweepstakes, there may be restrictions on prizes and prize money. We recommend consulting with a lawyer in advance.

Summary: Consult a Lawyer Regarding Instagram’s Terms of Use

When using Instagram, it is crucial to fully understand the terms of use and various guidelines to avoid penalties such as account suspension or deletion. Additionally, care must be taken to ensure that your content does not infringe on others’ copyrights or portrait rights. However, there are many situations where it can be difficult to make judgments without legal knowledge.

To avoid trouble, if you are a YouTuber using Instagram or considering using it, please consult with Monolis Law Firm, which is knowledgeable in YouTube-related legal affairs.

Introduction to Our Firm’s Measures

Monolith Law Office is a legal office with high expertise in both IT, particularly the Internet, and law. Nowadays, even among the increasingly popular YouTubers and VTubers, there are legal risks. Our firm also handles legal matters for YouTubers and VTubers. Please refer to the following article for more details.