I am currently building an iPhone app that links popular fashion on Instagram with retailers and stores.<p>Content "creation" is done manually by checking Instagram's popular feed (using the Instagram API) and copy/pasting popular images of fashion items into a database (including the stores links where you can buy them).<p>Obviously I'm worried about copyright issues. I'm not storing any images (only the links), but I don't think that makes any difference. My app credits the respective Instagram user as the owner of the picture - but again, I don't think that makes any difference. Is this "fair use" of the data, and if not - what's the point for Instagram having an API? Can anyone spare some legal knowledge?
Instagram's Terms essentially say you have to respect the copyright and license of the photos.<p>However, their API doesn't provide any mechanism to know what those licenses and copyrights are yet, which makes it pretty difficult to honor it. Still, you're bound by the terms, not their execution. If it's a business you plan to make money off of, you should probably consult legal advice and plan ahead to lose it.
If you don't have access to a legal adviser at the moment, then at least give the copyright holders a way to contact you and ask to remove specific images of their property.