Dive Brief:
- Advertisers' use of photos posted to Instagram, Pinterest, and other content-sharing sites by consumers is likely to face additional scrutiny from the Federal Trade Commission (FTC), the New York Times reports.
- Privacy experts and sharing sites urge advertisers to contact the users generating content for permission to use their photos and videos.
- The Children’s Online Privacy Protection Act (COPPA) requires websites and apps to get “verifiable parental consent” before collecting information from children under the age of 13.
Dive Insight:
The “sharing” economy may not extend as far into fans' photos, as many advertisers might like. Brands wishing to use images and other information posted to Instagram, Twitter, Pinterest and other social media sites in promoting themselves may soon face increased scrutiny from consumers who expect some degree of privacy—and especially where children are concerned.
Retailers look to content-sharing sites to encourage consumer engagement by showing their products in use by potential brand ambassadors, and many social platforms encourage such uses. But brands don’t always request the necessary permissions from the user/creators, and consumers have little recourse if a company uses images without their consent.
The person creating the image photo generally owns the rights to it, although a person depicted may also have rights. If the subject of the photo is under age 13, the Children’s Online Privacy Protection Act (COPPA) requires parental consent for its use. Instagram says that it strongly encourages brands to contact users directly for permission.
