quick question about US/Canada copytright laws for instagram PHOTOS

[Edvard Benk]

Backstory scenario: I'm posting a photo taken by someone (of a car), and he gets butthurt I didn't tag him "properly".

I complied by tagging him how he wished, but gave him my piece of mind and now he's definitely not on good terms with me.

Question: if I post more of his photos, and tag him in caption with a basic "photo taken by:" can he still file a claim and have instagram take it down? I know another pretty big page that abuses the shit out of that feature, but his reports actually don't have proper credit and he as like half a million followers so it makes sense.

Also, the mentioned individual of asshole-ish variety only has 5k followers, so he's definitely not a big page. Does the page size have any affect on how instagram treats a copyright claim? Because I tried copyrighting from my person page with 100 followers and it never got taken down (I was within my rights to file a claim and it should've been taken down) so my thinking is if the page isn't bigger than x amount of followers they don't even look at the claim filed.

Keep in mind it's only photography and not video/audio of any kind.

Any help or word or advise is appreciated.

 

[Aulig]

pretty sure he doesnt have to tolerate anything, even if you plaster your description with his tag. Its his photo and you have 0 rights for it. But who am I kidding, its instagram so 95% of content is stolen. Hed have to file a DMCA report or something similar to actually get it removed, which basically no one will do, unless you really piss them off. So just be kind to them and tag them or remove the pic if they message you. Dont be a dick, it gets you nowhere

 

[Edvard Benk]

pretty sure he doesnt have to tolerate anything, even if you plaster your description with his tag. Its his photo and you have 0 rights for it. But who am I kidding, its instagram so 95% of content is stolen. Hed have to file a DMCA report or something similar to actually get it removed, which basically no one will do, unless you really piss them off. So just be kind to them and tag them or remove the pic if they message you. Dont be a dick, it gets you nowhere

I gave him credit at first, but he popped out of nowhere in my DM's being a dick saying tagging him isn't enough, and he requires a "photo by" which I compmlied with.

question now is, can he still have it taken down just by being petty and filing a report EVEN IF I tag him and write "photo by"?

Just to outpetty him in case he wants to be petty

 

[Aulig]

I gave him credit at first, but he popped out of nowhere in my DM's being a dick saying tagging him isn't enough, and he requires a "photo by" which I compmlied with.

question now is, can he still have it taken down just by being petty and filing a report EVEN IF I tag him and write "photo by"?

Just to outpetty him in case he wants to be petty

yea im pretty sure he can if he really wants to

 

[Edvard Benk]

yea im pretty sure he can if he really wants to

Ah almost forgot: he hasn't posted that picture on his page and has virtually no proof that it's his picture other than my original post where I gave him credit.

 

[Aulig]

How did you know that it was his pic then? It mustve been published somewhere right? Also if hes a photographer he might have a few very similar images and have the image before it was edited etc, that can count as proof.

 

[Edvard Benk]

How did you know that it was his pic then? It mustve been published somewhere right? Also if hes a photographer he might have a few very similar images and have the image before it was edited etc, that can count as proof.

he never posts cars on this page because he's a city landscape photographer, and I'm a car page

I was sent the pictures by the car owner lol.

The guy has virtually zero proof that it's his picture unless he gets in an instant chat with a real human at instagram, which I highly doubt he will have success doing

 

[Aulig]

he never posts cars on this page because he's a city landscape photographer, and I'm a car page

I was sent the pictures by the car owner lol.

The guy has virtually zero proof that it's his picture unless he gets in an instant chat with a real human at instagram, which I highly doubt he will have success doing

Ah, I see. But as I said, he could file a DMCA complaint.