Navigating Copyright Compliance for Your Instagram Business Account

Jessica Simpson recently shared a photo of herself on Instagram, something she’s done many times before. This time, however, she used a paparazzi photo she didn’t own the rights to, leading to a copyright lawsuit.

Even without facing a lawsuit yourself, there’s a lesson to be learned: photo copyright is crucial, and Instagram posts aren’t exempt. If your business is on Instagram, you can sidestep copyright issues by making smart content choices.

The simplest way to avoid copyright trouble is to use images you or your team create. The person or organization that creates a photo automatically owns its copyright. This ownership remains until it’s transferred to another party, ideally through a written contract. By creating images yourself, you retain full usage rights.

You can organize photo shoots at your business to capture high-quality images of products, locations, and staff. Although this is the priciest option, detailed planning can maximize its value. Alternatively, consider hiring a student photographer for a lower cost, keeping in mind that quality might vary.

Another option is for you and your staff to take candid photos at your business. Rather than giving everyone access to your social media accounts, create a shared cloud storage folder (like Dropbox, Google Drive, or iCloud) where everyone can upload their photos. You can then review and select the best ones for posting.

If taking your own photos isn’t feasible, use copyright-free images for your Instagram content. Stock photos can be purchased from sites like iStockphotos or Deposit Photos, with various usage levels available. Check how often a photo has been used before deciding to use it.

Photos under the Creative Commons license are another option. These photos can be used based on the owner’s terms, often requiring attribution and restricting commercial use. Flickr’s extensive database lets you search by keyword and Creative Commons license.

Generally, it’s best not to use others’ photos on your business Instagram account. However, if someone posts a great photo of your product or staff and tags your business, you might be tempted to share it. In such cases, always ask for permission first. A simple direct message asking to share the photo often works, especially if the person is a fan of your brand. Some might request a licensing fee for their work.