Q: I uploaded a photo on Instagram another user reposted to promote a business, can I sue?
A:
If you took the photo and uploaded it to Instagram and another user misappropriated the image for their own use, that is copyright infringement. Yes, you could sue, but if you did not register the image with the U.S. Copyright Office, you'd only be entitled to recover "actual damages." The measure of actual damages is difficult to show and any recovery may be less than the cost of bringing a suit.
Talk with an attorney licensed in your state before taking any action; I am not your attorney and you should not rely on my advice. One option, in lieu of a lawsuit, is to contact the business, notify them that you are the owner of the image, and ask if they'd like to purchase a retroactive license for the use of the image from you.
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