Instagram Rights after Death

What happens to our Instagram accounts after we die? Are our IG accounts digital assets that can be bequested or inherited? The short answer is, no, it's not guaranteed to work.To get to the bottom of this legal conundrum, we need to understand two things: 1) the contract between IG and its users known as the Terms of Use and 2) digital assets and how they are transferred. For the full article on inheriting or transferring an IG account after the death of the original account holder, visit https://www.talksonlaw.com/blog/can-you-inherit-an-instagram-account ► http://www.talksonlaw.com for more legal explainers and interviews with the titans of law. ► Facebook: http://www.facebook.com/talksonlaw ► Instagram: http://www.instagram.com/talksonlaw ► Twitter: http://www.twitter.com/talksonlaw ► TalksOnLaw does not provide legal advice. Learn more here: https://www.talksonlaw.com/briefs#about_tol_briefs_tol_is_not_your_lawyer ____________________ TRANSCRIPT So, can someone inherit an Instagram account? What happens to our Instagram accounts once we die? Can our heirs inherit our Instagram accounts? Well, it's kind of complicated, but the short answer is no. It’s not guaranteed. To get to the bottom of this question, we need to do two things. First, we need to evaluate the relationship between Instagram and its users, and we can do this by exploring the contract that users agree to before joining the platform: the Terms of Use. And second, we need to understand how digital assets are transferred. And in this case the Instagram account is the digital asset. MG: So, first let's take a look at Instagram itself. Some platforms have tools in place that let a user designate who will be granted access permission after the user dies. Take Google, for example. Google’s Inactive Account Manager allows an individual to select who, if anyone, will be granted access after the user's death. And Google calls such persons “Trusted Contacts.” Instagram does not offer a tool like this, so without an explicit program in place, we need to evaluate Instagram’s rules. In many ways, the Terms of Use document is Instagram's Constitution — the rights that users have and give up while posting or scrolling on the platform. And while most users don't read the Terms of Use, the document is actually a binding agreement. So, what does the Terms of Use document say about transfers of accounts after death? Well, not much. You see, neither the word death nor inherit even show up within the document. MG: While the Terms of Use doesn't mention transfers after death, it explicitly bans one type of transfer —and that's sales. In the omnipotent words of the Terms of Use, users cannot sell, license, or purchase any account or data obtained from the platform. And this restriction applies to any part of the account, including your username, your password, or even any verification badges. And while that doesn't mean that these sales are not happening anyway, Instagram may delete the account that was sold in violation of its terms. MG: But how about other transfers of accounts, such as transfers that don't involve money? Instagram mandates its consent for any sort of transfer, and the Terms of Use states “you cannot transfer your rights or obligations under this agreement without our consent”. And that means that transfers without Instagram's consent may be invalidated. And while Instagram may not ultimately get involved with most of these transfers, they give themselves maximum flexibility to step in and block the transfers should they decide to do so. In the situation that Instagram consents to a transfer, or much more likely simply chooses not to get involved with the transfer, then the law governing digital assets prevails. Basically, if you want to give your Instagram account away through your will, make sure to do two things. First, specify a beneficiary to inherit the Instagram account within your will, and second, make sure to give that beneficiary the password in advance through an estate planning document. MG: But what happens if no one has the account password? If the person gifted an Instagram account is not given the password, the options are pretty limited. Instagram states that they do not provide login credentials for deceased persons, as it's always against their policies to allow one person to log into another individual's accounts. So, if John, for example, is the sole heir of an Instagram account holder, he may be locked out indefinitely. For more information about digital asset planning, check out our interview with Professor Naomi Cahn. [Abridged due to YouTube space limitations]