"Here, [Sinclair] granted Instagram the right to sublicense the Photograph, and Instagram validly exercised that right by granting Mashable a sublicense to disp

"Here, [Sinclair] granted Instagram the right to sublicense the Photograph, and Instagram validly exercised that right by granting Mashable a sublicense to display the Photograph," rules Wood. Wood comes to this conclusion by discussing how Sinclair agreed to Instagram's Terms of Use when creating her account. Those terms granted to Instagram "a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to the Content." Wood writes that because Sinclair "uploaded the Photograph to Instagram and designated it as 'public,' she agreed to allow Mashable, as Instagram’s sublicensee, to embed the Photograph in its website."