How to Ethically Save an Instagram Photo: Rules, Methods and Alternatives

Instagram is designed to make sharing photos easy, but saving others‘ photos takes a bit more work. Due to copyright rules, you can‘t directly download another user‘s pic, but you have options like screenshots or embeds. Read on for Instagram saving guides, from mobile to desktop, plus some legal knowledge drops.

Why You Can‘t Just Save Instagram Photos

Instagram is strict about third parties accessing and downloading their content directly from their servers. So whether you‘re using an app or browser method, you‘ll hit roadblocks trying to save others‘ pics without permission.

But why is that? Two technical reasons:

1. Access restrictions

Instagram explicitly blocks scraping applications programming interfaces (APIs) which could bulk download all public images. Their API terms only allow access via approved apps and for personal, non-commercial use. This stops mass piracy of their database.

2. Copyright protections

Instagram secures media behind user access tokens. So only logged-in account holders with that unique token can view and save their own pics or videos. This prevents unauthorized access to others‘ potential copyrighted intellectual property.

The company must abide by international copyright legislation like the DMCA, protecting creators‘ works from theft and enforcing takedown notices. As an artist myself, I appreciate this barrier against art theft!

Recent controversies reveal just how strict Instagram‘s copyright rules can be in practice:

• Landscape photographer David Slavkovic had his account deleted after a branding agency stole and reposted his Yosemite photo without credit. Instagram denied his takedown request, instead deactivating Slavkovic‘s account! Their algorithms can mistakenly punish the original creator.

• Model Austen Marie sued Instagram this January 2023 for $10 million after a lingerie photo uploaded consensually but deleted was still accessible. Third party apps exploited this loophole in private data access and spread her pic on adult sites.

These examples illustrate the importance of locking down image access and the potential viral hazards of digital infringement. Yet some still attempt unauthorized workarounds to download Instagram content anyway…

The Murky Legalities of Embedding Instagram Photos

What about unofficial but common tricks like embedding others‘ public Instagram posts into your own site or blog? Does displaying via approved <iframes> still qualify as copyright violation?

This issue saw several recent high-profile lawsuits:

• Photographer Stephanie Sinclair won $90,000 in a landmark 2020 case against Mashable. Their embedding of her viral Instagram post about breastfeeding in prison was ruled copyright infringement.

• Yet later cases like Sinclair vs Wright‘s Media saw the defendant win on fair use grounds thanks to minimal visible portions embedded transformingly. So court rulings based on context are mixed.

Instagram‘s terms do explicitly prohibit unauthorized use of data mining or scraping tools to reproduce posts.

But their embedding terms are vaguer. Technically you don‘t download the raw image file itself via embeds. Displaying a post in context can qualify as critique or commentary protected under fair use – especially if commentary is added or visuals further transformed.

Yet legally and ethically, embeds that merely replicate content without adding value are dubious. Ultimately Instagram post owners can still issue DMCA takedown notices regardless of context if they wish.

So is embedding others‘ Instagram posts 100% safe and compliant? Unfortunately there‘s no concrete global consensus…yet!

Save Your Own Instagram Photos

You hold full copyright permissions for any original content you post from your account. That legal ownership gives you full usage rights, including saving photos from the Instagram app or website.

From Mobile

The mobile app only lets you save new photos and video before posting them. But editing an existing post‘s privacy or enabling a new setting also downloads past images too.

On iOS:

1. Tap your profile pic
2. Tap the menu (three lines)
3. Choose "Settings"
4. Tap "Account"
5. Select "Original Photos" to save your uploads

On Android:

1. Tap your profile pic
2. Tap the menu
3. Choose "Settings"
4. Select "Account"
5. Tap "Original posts"
6. Enable "Save posted photos"

Pro tip: iOS has "Original photos", Android says "Original posts". Same method otherwise!

Your Instagram pic library takes time to populate as images sync from their servers to phone storage. I recommend re-checking monthly and saving anything meaningful before deleting posts.

From Desktop

Downloading a bulk backup of all your Instagram photos and videos takes more steps…but gives you one mammoth personal archive!

The official Instagram data download includes your entire posting history plus profiles followed, archived Stories, ads interacted with, search history, comments and more in one 5 GB+ .ZIP file.

Here‘s how to request your Instagram data for a DIY backup:

1. Login at Instagram.com
2. Click your profile pic
3. Choose "Settings" > "Privacy and Security"
4. Scroll down and click "Data Download"
5. Click "Request Download"
6. Enter your password to confirm
7. Check email inbox for the link to your private data .ZIP

This full data package helps if deleting your account or switching services. Just beware it contains more than just photos and videos!

Interestingly, demand for Instagram data downloads has rapidly grown in recent years:

• From 2018 – 2022, global weekly data download requests surged over 720% from ~15K to ~125K per week according to Facebook‘s transparency reports.

This indicates users want more control over their photo permissions and privacy as Instagram sharing increases.

Instagram‘s massive growth in weekly data download requests (Facebook Transparency Reports)

With average photo post frequency per business doubling annually and over 200 million hashtagged photos per day, this copyright concern continues climbing. Which leads us into law and ethics…

Copyright, Fair Use and Ethics

Some guides suggest legally questionable technical workarounds to swipe others‘ Instagram pics. But what does copyright law actually say about re-posting social media images?

Instagram‘s Terms of Use are clear:

"You can‘t attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission."

They grant users license to share and distribute content on or through Instagram services. But downloading via unofficial means violates terms.

Copyright law gives creators exclusive rights, including:

• Reproduction
• Distribution
• Display (public performance)
• Making derivatives

Posters own default copyright on their uploads. You need permission for these rights!

Fair use provides limited exceptions allowing reuse, given factors like:

• Small portion used
• Transformative nature
• No commercial gain
• No market harm to original

Private personal backups lean fair, but public sharing doesn‘t qualify.

Rates of posted Instagram photos removed due to DMCA copyright notices are rising quickly too:

In 2022, over 560,000 Instagram items were taken down thanks to DMCA requests – nearly triple 2021‘s removal rate!

As sharing volume multiplies exponentially, users must educate themselves on copyright legislation to avoid this takedown fate.

I‘d only feel right saving friends‘ happy snaps or sweet selfies with their consent. For both ethical and legal reasons!

Ethical Alternatives to Downloading Instagram Photos

If you want to share great ‘grams you discover without merely repurposing content, what can you do? Consider these options first for crediting creators.

Screenshots

Snap an old-fashioned phone screenshot to re-post your fave food pics or style inspo later. You can shoutout the @ handle and name the account in your image caption.

While featuring full photos requires permission, screenshots legally transform the work. Just don‘t claim it‘s your own pic!

Embed

Many sites like Tumblr allow embedding Instagram posts with code. This displays the original pic in context, including any captions and comments intact.

Visit the post and choose "Embed" under the likes counter on desktop to grab the <iframe> embed code.

Cite Public Domain Resources

Millions of historic images or works whose copyright expired are in the public domain. That means they‘re free to access, share and use – no permission needed!

Sites like New Old Stock or Good Free Photos offer beautiful public domain pics. I love featuring these photographic time capsules on my site instead of "borrowing" others‘ work. Vintage visuals provide fresh creative stimulus too.

Reverse Image Search to Identify Sources

What if you have an Instagram photo saved but don‘t know the original creator to credit? Reverse image searches help trace uncited social media stray visuals back to sources.

I use browser extensions like RevEye for one-click reverse lookups while browsing. Just click any anonymous pic and RevEye suggests its web origins based on matching image results!

This digital forensics allows proper attribution, protecting yourself legally while supporting artists morally 👏

Conclusion: We All Benefit From Content Crediting

Ultimately, respecting creators‘ rights leads to a richer social web that benefits us all as sharers and consumers of art. The exponential spike in copyright disputes shows guidance is needed, however.

Now you know…

• The technical barriers Instagram employs to block downloads
• The legal particulars on embedding controversy
• To always credit and transform, not just replicate, social content

What lasting lessons will you apply from our Instagram ethics knowledge drop? Hopefully to discover those hidden gems, make them shine for audiences new – and create something transformative yourself!