Orlando, FL asked in Copyright and Intellectual Property for Florida

Q: I have a coaster that has a saying on it. I've used it in a photograph I took at my home. May I use this photo?

May I use this photo on Instagram as a casual photo though it has my business logo subtlety placed?

1 Lawyer Answer
Dr. Jamie Cuticchia
Dr. Jamie Cuticchia
Answered
  • Intellectual Property Lawyer
  • Raleigh, NC

A: The relevant terms of use of Instagram:

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

I don't see the photo. But, if the above is true it appears that it would not violate this term.

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