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¿De quién son nuestras fotos en Instagram?

19 diciembre 2012 - 6:00 - Autor:

Entre poco y nada. Ése es el tiempo que ha tardado Facebook en dar un cambio de rumbo en la política de monetización de contenidos de Instagram. Desde que hace apenas unas semanas se anunciase la compra multimillonaria de Instagram a manos de Facebook, los usuarios del servicio aguardábamos sorpresas que sin duda tenían que llegar.

Y han llegado. Esta misma semana Instagram anuciaba un cambio en sus términos de uso, en lo relativo a los derechos sobre las fotografías publicadas por los usuarios. Sobre la base de la nueva redacción, que entraría en vigor el próximo 16 de enero de 2013, Instagram estaría legitimada para obtener una cantidad económica de cualquier entidad por permitir emplear nuestro nombre de usuario, gustos, fotos (con cualquier asociación de metadatos), y/o cualquier cosa que hagamos, para contenidos de pagos esponsorizados o promociones, sin ninguna compensación para el usuario. Es decir, que de entrar finalmente en vigor esta actualización de sus términos y condiciones, Instagram estaría facultada para vender nuestros contenidos.

Este cambio de rumbo, transcendental para los derechos de los usuarios, ha sido objeto de enormes críticas, y la compañía de Palo Alto, parece haber dado marcha atrás, mediante la publicación en su blog de una nota en la que asegura que “no es nuestra intención vender tus fotografías. Estamos trabajando en la modificación de los términos y condiciones del servicio para asegurar que esto es claro”.

Pues habrá que esperar a ver qué pasa con nuestros contenidos. Tal y como están redactados los nuevos términos y condiciones de Instagram, el usuario pierde el poder sobre las fotografías, pudiendo ser éstas objeto de venta a terceros, sin que tenga el usuario derecho a remuneración económica alguna. Lo que parece claro es que Internet es cada vez más social y democrática ya que, al mínimo intento de un gigante de dar un paso en falso, la voz del pueblo clama en su contra. Y es que una cosa es que un servicio sea gratuito y necesite de ciertas fórmulas de monetización indirecta de nuestros datos y contenidos y otra muy distinta que financiemos el servicio mediante la venta directa de nuestros datos. Seguiremos informando…

@AlexTourino

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Alejandro Touriño

Alejandro Touriño en ECIJAAlejandro es Licenciado en Derecho por la Universidad de Santiago de Compostela; Máster en Derecho Internacional y Relaciones Internacionales por la Universidad Complutense de Madrid y Máster en Práctica Jurídica por la Escuela de Práctica Jurídica de la Universidad Complutense de Madrid. Ha realizado cursos de postgrado en instituciones de prestigio como la University of Brighton, la WIPO Academy o el Instituto de Empresa, en materias relacionadas con el Derecho Comparado, la Propiedad Intelectual y el Derecho del Entretenimiento.

En la actualidad ejerce su actividad Profesional como Responsable del área de Information Technology de ECIJA, asesorando a clientes nacionales e internacionales, tanto en sede judicial como extrajudicial, en cuestiones relacionadas con Derecho del Entretenimiento y las Nuevas Tecnologías, centrando su actividad en la Propiedad Intelectual, Contratación de Software, Nombres de dominio, regulación jurídica de Internet y Redes Sociales. Alejandro compagina su labor profesional con la docencia en másteres universitarios, y es colaborador asiduo de prensa jurídica especializada.

Alejandro es, asimismo, miembro de la alianza europea de Nuevas Tecnologías ‘World IT Lawyers’, miembro de DENAE (Asociación Española de Derecho del Entretenimiento), y del Comité de Dirección del capítulo español de CSA (Cloud Security Alliance).

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