If you are in the picture, then who is the photographer? First, review the Instagram user agreement. There is an argument that the picture was found on website open to the public or that the picture was newsworthy, thus no compensation. I'm not sure, there is a need for investigation and legal research.
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Very, very doubtful. There are only two bodies of law that could apply: Copyright and right of publicity law. Copryight law does not apply because you're not the photographer and so do not own the copyright in the photograph. "Right of publicity" law likely does not apply because the companies that published the photograph did so for purposes of news and comment on a matter of public concern [nearly everything to do with public figures are matters of public concern]. So, no, you very, very likely have NO right to be paid money just because you happen to be in a photograph that was published online.
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I completely agree with my fellow attorneys. I would only add that Instagram's Terms of Service give Instagram certain rights to use your photographs. For example, Instagram's Terms state:
"By displaying or publishing ("posting") any Content on or through the Instagram Services, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Instagram Services."
This is a rather broad license and its possible that it applies to your situation. However, like my colleague stated, any rights in the photograph belong to the photographer. Unfortunately, it does not appear that you have any claim.
Cornetet, Meyer, Rush & Kirzner
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