Of the difficulty to frame photograph as a protected work and its consequences on social network.

On December 18, 2012, further to its acquisition by Facebook, Instagram unveiled its new terms of use, to be enforced on January 16, 2013. At the case of the redrafting of the contract tying the social network to it, users stood much-discussed undertaking which allowed the company to monetize its users’ photographs, notably for commercial and advertising purposes. Facing a major uproar from internet users Instagram elected to withdraw this provision and apologized fondly. However, such withdrawal only targeted the cancellation of clear terms of what the terms of use provided from the very beginning: the grant by the users to Instagram of the right to use the photographs uploaded on its platform.

Two days later, the courts of Paris rendered a judgment (TGI Paris, 3ème chambre, 4ème section, Jugement du 20 décembre 2012 – Philippe G, Alexandra J c./ Paul M. (in French)) which may jeopardize the grievances of the social network users. Indeed, the judges refused to recognize that the airplane photographs take by individuals bore sufficient originality to allow any protection under French intellectual property law.