>In most states (perhaps all), it is illegal to use someone's likeness for advertising without their consent. This is regardless of their status as a celebrity

>In most states (perhaps all), it is illegal to use someone's likeness for advertising without their consent. This is regardless of their status as a celebrity or not. It's not all states, and it's not entirely clear cut in many states (it depends on how the likeness is used), and their TOS does give permission to use your likeness (which means that if the person in the photo is also an Instagram user, they have a tougher case). But Instagram would certainly be playing with fire if they tried that with a celebrity, and I don't think they would. It's your ordinary folks who can't afford to lawyer up against a huge corporation that are more likely to be affected by this.