The question of whether they can use someone's likeness is an interesting one, and the answer to that apparently varies from state to state. Instagram could probably get you to sign away the right to use your own likeness in their ads, but that wouldn't apply to people who don't use their service.
I'm not sure how jurisdictions of other states apply (any actual lawyers want to weigh in?) but Instagram is based in California where (if you can believe it), publicity rights are quite strong (even dead celebrities get protection there). There's a little gray area that Instagram could exploit there, but I think the example Wheaton described there would be a pretty easy meal for Rauch's lawyers. At the very least, Instagram's legal team would almost certainly say "fuck no" if the marketing department showed them an ad like that without getting permission to use her likeness.
The question of whether they can use someone's likeness is an interesting one, and the answer to that apparently varies from state to state. Instagram could probably get you to sign away the right to use your own likeness in their ads, but that wouldn't apply to people who don't use their service.
I'm not sure how jurisdictions of other states apply (any actual lawyers want to weigh in?) but Instagram is based in California where (if you can believe it), publicity rights are quite strong (even dead celebrities get protection there). There's a little gray area that Instagram could exploit there, but I think the example Wheaton described there would be a pretty easy meal for Rauch's lawyers. At the very least, Instagram's legal team would almost certainly say "fuck no" if the marketing department showed them an ad like that without getting permission to use her likeness.