Oh the complicated “can we repost” comment from your FAVORITE brand on your Instagram. How do you handle the situation? We’re breaking down what these comments really mean and how you may be putting yourself into a sticky situation if you jump to #AGREE.
Have you ever posted a photo on Instagram, tagged a brand, and the brand commented that they’d like to use your photo? It’s so exciting for a brand to see your work and like it enough to want to use it!
In the comment, the brand usually has a link and has you use #agree or #yes(brandname) if you’d like them to use it.
Below are a few common examples we see often, but influencers and Instagram users sometimes don’t check out the full Terms of Use page that is referenced in the comment.
If you’ve been in the blogging world for a while, you might have heard the common story of how an influencer said #AGREE thinking it was harmless regram.
But the brand then used their photo and they walk into the store to see their content in the store or in a window display. These bloggers had no idea their photo was being used in this way, they weren’t paid, but they also didn’t look over the terms before agreeing.
We’re here to tell you why you should always look over the terms and why you shouldn’t EVER say #agree.
Why You Shouldn’t #Agree To Terms on I nstagram
When a brand asks for you to agree to terms you are not just letting them regram you. There is always a very lengthy webpage dedicated to their Terms of Use and Privacy Policy. This page is a massive legal document where if you do #AGREE or say yes, you give up full rights to this image to be used however the brand sees fit.
This is also a good time to discuss having a clear contract with your photographer. It’s situations like these where you can get yourself stuck in some serious legal issues if you don’t have a clear cut definition of terms.
You should always include clauses in your photographer contract about what to do during these situations. For example, you should have a flat fee in your contract with your photographer for image licensing in case a brand wants them. Plus, a clause on how you are able to utilize images as well.
You can learn more about a photographer and blogger contract here!
What Do These “Terms” Even Mean?
Typically these brand’s Terms of Use and Privacy Policy pages all mean the same thing. And guess what, it doesn’t usually benefit you one bit.
- It means your image could end up on a billboard, in a commercial or in a magazine with ZERO photo credit
- They have full image rights and licensing to the image for basically EVER.
- You will not be compensated for the use of the image
- It means they will NOT credit you, even on Instagram
- If you work with a photographer and you do not own your own images, it means your photographer could potentially sue you for copyright infringement
- If you do not work with a photographer, let’s say a friend takes that photo, you would be providing free content to a brand that would typically spend thousands to create it. You, as the content creator, should be properly compensated for your work, likeness and content.
What You Can Do Instead
Instead of not responding you can always send the brand a DM about their comment and see if there’s a way to work together. It may not get you anywhere, but it never hurts to ask!
This could potentially result in working with the brand on future projects, getting paid for future campaigns, or getting a regram with proper credit that can drive new eyes to your content and account. That’s what you can do instead of saying #NO.
