June 18th, 2014

NY Times Highlights Instagrammer Working For Met, Other Institutions, For Free

There was an article in the Art & Design section of the New York Times yesterday highlighting the social media photography that an Instagrammer, Dave Krugman, is doing for the Metropolitan Museum of Art, The New York Public Library and other cultural institutions in exchange for special access.

The article is full of language that suggests it’s Mr. Krugman’s great privilege to work for these institutions for free. “The Metropolitan Museum, for instance, allowed Mr. Krugman and his band of Instagram stars into its halls outside of normal business hours,” the author writes. She also quotes Krugman’s own post thanking the Met for the “opportunity.”

These are institutions with resources to pay for the social media communications work they do. Krugman isn’t a photographer by trade, he’s a retoucher, the article says. But he’s allowing these institutions to pay what the market will bear for this work: zero.

It would be interesting to know what the photographers and photo editors on the New York Times‘s staff think of this article devaluing the work of photographers.

“With his growing reputation, Mr. Krugman has begun thinking about charging money for his Instagram services,” the article concludes. Will these venerable and wealthy institutions pay, though, or will they just hire the next person with a big Instagram following who doesn’t know enough about the business of advertising and communications to charge for his or her work?

April 22nd, 2014

Video Pick: In Bed With Chanel

Laurel Pantin in Chanel from Ann Street Studio on Vimeo.

It’s not easy to create an engaging video, let alone a brief, engaging video. Jamie Back and Kevin Burg of Ann Street Studio recently did just that with this 15-second flick featuring Lucky Magazine market editor Laurel Pantin in a big white bed wearing colorful fashions from Chanel’s Spring/Summer 2014 collection. The video is part of a collaboration between Ann Street Studio and Chanel. The brand reached out to Beck and Burg, who are best-known for their creation of Cinemagraphs, as part of their marketing for their new collection, Burg told PDN via email.

The concept for the video “came together organically,” Burg says, evolving from the still-image shoot they did with Pantin. “On set we were thinking about motion, and I had the idea that she could change outfits after every time she pulled the covers over herself. And then we had fun with it. Jamie would be at her feet pulling [the covers] off her, like a parent waking their kid up when they want to sleep in.” The idea to show a new outfit for each day of the week, Burg says, “came together in the editing process, and it became this kind of ‘waking up for school’ idea… in luxury fashion.”

The images and video were featured on the Ann Street Studio site and social media channels. The video was created with Instagram in mind, hence the 15-second length. Brands often ask Ann Street Studio to create editorial-style work and release it via their channels, Burg says. “Sometimes brand work is for [the client] and sometimes it’s exclusively published by us.”

Related: Building a Better GIF

December 13th, 2013

Photog Teru Kuwayama Goes to Work at Facebook as Photo Community Liaison

Photographer Teru Kuwayama has been hired by Facebook to work as “lead photographer” and liaison between the social media site and the photo community, “advising both sides,” he says. He will also be working closely with Instagram, which is owned by Facebook.

“For me, the most important aspect of my role is that I’m the internal advocate for photographers,” he told PDN.  “I’m here to make sure that the interests of photographers are represented in everything from feature development on the technical side to the terms of service on the legal side.  So, my job is to make Facebook work for photographers, and to help photographers make the best use of the Facebook.”

The social media platform has been criticized by photo trade groups for its terms of service, which allow companies to re-use users’ content without permission or compensation.

Kuwayama, a PDN‘s 30 photographer in 2000, is the co-founder of Lightstalkers.org, the online forum for photojournalists. In 2010 he launched Basetrack, a project that used social media sites, including Facebook, to share information about a battalion of Marines deployed to Afghanistan with whom Kuwayama and other photographers were embedded. Basetrack was funded with a Knight Foundation News Challenge grant.

Kuwayama told PDN, “I’m inventing the position as we speak.”

Related articles

Facebook Makes Alarming Changes to Terms, ASMP Breaks Down the Changes

Experiment in Multimedia: Q&A with Teru Kuwayama on Basetrack (for PDN subscribers)

November 6th, 2013

PDNVideo: Olivia Bee Talks About Instagram, iPhones, Expectations, and Envy

PDN Video: Olivia Bee on Instagram, iPhones, Expectations, and Envy from PDNOnline on Vimeo.

PDN’s 30 photographer Olivia Bee started her professional career at the age of 15, after a Converse design director saw her Flickr feed and hired her to shoot a campaign in the same style as her personal work. Bee is self-taught and highly driven. Now 19, she has shot editorial and advertising work for clients including The New York Times, Vice, Hermes, Fiat USA, and Levis. She recently sat down with PDN to talk about a variety of topics, ranging from her skepticism about Instagram and what she’s learned by shooting with an iPhone, to how she manages expectations (her own and everyone else’s) and the reaction she gets from other photographers because of her success at such an early age.

Related:
PDN’s 30: Olivia Bee

October 25th, 2013

PPE 2013: The Good, the Bad and the Ugly of Social Media

The theme of Thursday’s PhotoPlus Expo panel “Practicing Safe Social Media” seemed to be that social media is a necessary evil in today’s photography industry so photographers need to be smart about how they use it. The ASMP-sponsored panel had a variety of speakers who each brought a unique viewpoint to the discussion. Covering the legal ramifications was attorney Ross Buntrock; giving the media’s perspective was AOL/Huffington Post Photography Director Anna Dickson; representing the photo industry was photographer Richard Kelly; EyeEm CEO Florian Meissner provided a social-media company’s viewpoint.

Buntrock and moderator Peter Krogh broke down the terms of service agreements for four popular social-media sites, Facebook, Instagram, Pinterest and Twitter, and the news was pretty bleak. All four TOS agreements are essentially broad licenses that allow the companies to provide the images and data from their sites to third parties. This doesn’t mean that they own the copyright to any work you post on their networks. The panelists illustrated that point by briefly discussing the case of Daniel Morel, the photojournalist who successfully sued AFP, the Washington Post and Getty for using images from the Haiti earthquake that he posted on Twitter without his permission. However, it does mean that these platforms can let advertisers use your image in sponsored posts without your permission and without compensation. (Buntrock noted that adding a copyright symbol to your image before posting it to these social networks doesn’t impact the TOS at all.)

It would be easy to just say, “Forget, I’m not going to use social media.” Except Dickson made an interesting point that the reason she’s on Instagram is because that is where everyone else is—both photographers and photo editors like herself. Whereas five years ago she would’ve followed photographers on Flickr, now it’s Instagram. She also said the “look” of Instagram photos is popular now, so many websites, including AOL/Huffington Post, use the site to find images for articles and slide shows.

So herein lies the rub: You want your work to be followed and found by potential clients, but you don’t want to give it away for free. Meissner’s company, EyeEm, is trying to eradicate this issue by providing the same social features as Instagram but including a notification system that alerts photographers when a third party wants to use their image, and offers compensation for that use. Other sites and services were mentioned as also having some sort of permission or compensation model, including Stipple, Scoopshot, SmugMug and PhotoShelter.

However, until one of these sites has the same massive user base as Instagram or Facebook or Twitter or Pinterest, they don’t solve the immediate problem of how to get exposure while also protecting your work on social media. Kelly’s strategy for dealing with this issue is simple: Know what your message is on social media before you start posting on these sites. For example, he uses his accounts to keep followers up to date on what he’s working on, advocacy issues for photographers and his teaching gigs. That’s it. He doesn’t use the tools to post new work or market himself. And Dickson, to a certain extent, supported Kelly’s idea by noting that she loves it when photographers post behind-the-scenes images so she can see what they are up to as well as get a peek at their personality.

At its core, this is what social media was originally intended for—sharing who you are and what you are up to. Though you can use these tools to market your work, it would be wise to think of how you can do that without actually posting the finished image since it can easily spread around the Web without your attribution and without you ever seeing a penny of compensation.

Related Articles
In TwitPic Copyright Claim, Daniel Morel Seeks $13.2 Million from AFP, Getty

AFP, Washington Post Violated Daniel Morel’s Copyrights, Judge Rules

August 22nd, 2013

Photography Trade Organizations Take Aim at Instagram Terms

Several professional photography trade organizations have banded together to study Instagram’s Terms of Service, and today the American Society of Media Photographers issued the following press release:

Photographic Community, Led by The American Society of Media Photographers, Deems Instagram Terms Too Far-Reaching

PHILADELPHIA, Aug. 22, 2013 (GLOBE NEWSWIRE) — The American Society of Media Photographers (ASMP), joined by National Press Photographers Association (NPPA), The Digital Media Licensing Association (PACA), American Photographic Artists (APA), This Week in Photography (TWiP), Professional Photographers of America (PPA), Coordination of European Picture Agencies Stock, Press and Heritage (CEPIC), Graphic Artists Guild (GAG) and American Society of Picture Professionals (ASPP), has mounted a campaign to address the far-reaching Terms of Use of the image sharing service Instagram. Since 2010, more than 16 billion images and movies have been uploaded to Instagram. The organizations believe that few of the users who share images on the site understand the rights they are giving away. ASMP has issued “The Instagram Papers,” information in the form of essays and analysis about the Terms of Use in which the key issue is that users should have the ‘right to terminate’ their agreement with Instagram, allowing them to remove permissions for the use of their identities and content at any time.

Specifically, the Terms of Use give Instagram perpetual use of photos and video as well as the nearly unlimited right to license the images to any and all third parties. And, after granting this broad license to Instagram, users also relinquish the right to terminate the agreement. Once uploaded, they cannot remove their work and their identity from Instagram. Additionally, in the event of litigation regarding a photo or video, it is the account holder who is responsible for attorney and other fees, not Instagram.

Moreover, while Instagram’s agreement includes the right to sublicense images, it specifically excludes the need to ever pay creators, regardless of the way the company may use or sell their work. The photographic community believes strongly that fair compensation for the creators of work is a vital component of a fair agreement.

According to ASMP Executive Director Eugene Mopsik, “While clearly benefiting Instagram, the rights of imaging professionals and general users stand to be infringed upon in an unprecedented way. We are concerned that not only have Instagram’s Terms of Use gone beyond acceptable standards, but also that other social media providers may use these onerous terms as a template for their own agreements.”

Peter Krogh, ASMP’s Digital Standards & Practices Chair, said, “As online services become larger repositories of intellectual property, power has shifted away from the user and toward the company provider. Unless changes are made by Instagram, we believe the terms will have a profound and negative impact on imaging professionals, publishers and general users.”

In the coming weeks and months ASMP, along with the other listed organizations, will continue to reach out to gain support in addressing these egregious terms before they become the industry standard.

Related: Bowing to Pressure from Users, Instagram Retracts New Terms of Use
Now That We Know Instagram Isn’t a Charity, What Would You Be Willing to Pay?

July 9th, 2013

New Look PhotoShelter Adds Portfolio Sites and Social Media Integration

The homepage of photographer Robin Moore's new PhotoShelter Beam portfolio site.

The homepage of photographer Robin Moore’s new PhotoShelter Beam portfolio site. Moore was among the photographers who beta tested Beam.

Today PhotoShelter launched Beam, its new portfolio website platform, which is connected to its e-commerce, cloud storage, image delivery, client proofing and marketing tools for professional photographers.

The launch also includes integration with popular social media, blogging and video tools like Instagram, Tumblr, Vimeo and WordPress, allowing users to add content from those platforms to their Beam site, and to easily share content from their site to other platforms.

Beam is available immediately, at no cost, to current PhotoShelter users with Standard and Pro accounts, and to non-users on a 14-day trial basis. After the 14-day trial, new PhotoShelter users can pay either $29.99 per month for a Standard account, which includes a Beam site, 60GB of storage and all of PhotoShelter’s other tools, or $49.99 for a Pro account with 1000GB of storage.

At launch, Beam offers four different portfolio website designs that were created using HTML5 and CSS3, which the company says will allow images to render on “virtually any” digital device.

The “Site Builder” tool allows photographers to quickly update the look of their site and requires no coding experience.

“The biggest upgrade is the user interface, which means that I now use Photoshelter as my primary online portfolio to showcase my images,” said Robin Moore, a DC-based conservation photographer, in an email interview with PDN. Moore was among the beta testers for Beam.

A longtime PhotoShelter user, Moore used to use PhotoShelter for storage and WordPress for his portfolio. “Now,” he says, “I don’t have to fuss with that integration, and I can display my images, blog and videos on one site that I would be happy to share with prospective clients.”

Though Moore says there were “some hiccups” in the beta testing process, he is pleased with how easily he can modify his new portfolio site. “For someone who gets goosebumps every time they see code, I have really enjoyed the user-friendly interface,” Moore adds.

For more information, visit the PhotoShelter Beam microsite.

June 20th, 2013

Instagram Demonstrates Powerful Video Stabilization – on a Smartphone

shaky-videoProfessional photographers don’t often turn to a smartphone to shoot video. But in the new video offering announced by Instagram today is technology that could eventually be a great addition to the toolkit.

A new video option for the photo sharing site can literally take jumpy, hand-held video and turn it into something watchable. Technology like that could someday be used to help rescue video footage that might otherwise be given up for loss because of a shaky hand.

Here’s a clip of the announcement about the new technology, taken from today’s live stream of the Instagram press event.
https://www.youtube.com/watch?feature=player_embedded&v=rB5WrX3NLBU

To watch the replay of the live streaming of the whole Facebook/Instagram event, beginning to end, go this Live Stream page.

–Erik Sherman

December 21st, 2012

Bowing to Pressure from Users, Instagram Retracts New Terms of Use

Under a continuing barrage of negative feedback, account cancellations, and defections by its users to other photo sharing services, Instagram has withdrawn the most controversial changes to its terms of service agreement. The about-face means that Instagram will not assume the legal right to license users’ photos to third parties without permission.

“Because of the feedback we have heard from you, we are reverting this advertising section to the original version that has been in effect since we launched the service in October 2010,” said Instagram co-founder Kevin Systrom in a statement posted on a company blog late yesterday.

Among the most objectionable terms of service changes proposed by Instagram was a clause allowing the company to license photos to third parties, and also use the photos in advertising, without the knowledge or permission of the Instagram user who posted those images in the first place.

A number of professional photographers, as well as some high profile users of Instagram including National Geographic, announced that they intended to stop using the service because of the proposed changes to the terms of service. Instagram said earlier this week by announcing it had no intention of selling their photos, but that apparently wasn’t enough to calm upset subscribers to the service.

In the meantime, subscriptions to competing services have spiked, according to a report in the New York Times. Flickr’s mobile app has jumped in popularity on the Apple iTunes app chart, and subscriptions to the photo sharing service Pheed have quadrupled in the past week, the Times reported.

Systrom explained in last night’s announcement that after introducing changes to Instagram’s terms of service and privacy policy earlier this week, “it became clear that we failed to fulfill what I consider one of our most important responsibilities – to communicate our intentions clearly. I am sorry for that, and I am focused on making it right.”

So once again Instagram has modified its privacy policy and terms of service. When the latest versions take effect–on January 16, 2013 and January 19, respectively–Instagram will have broad rights to use photos, but only with permission from the contributors.

“You hereby grant to Instagram a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy,” says the latest TOS agreement, which goes into effect January 19. It adds, “You can choose who can view your Content and activities, including your photos, as described in the Privacy Policy.”

The privacy policy that takes effect January 16 says that Instagram “will not rent or sell your information to third parties outside Instagram (or the group of companies of which Instagram is a part) without your consent, except as noted in this Policy.” The exceptions are service providers who “will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.”

Instagrama also says in the new privacy policy, “We may also share certain information such as cookie data with third-party advertising partners” to deliver targeted advertising.

Users can control who sees the content they post by adjusting privacy settings on their account.

Instagram’s user policies are still subject to change, however, and Systrom hints that there will be more changes to come. Instagram company–which is owned by Facebook, a publicly traded company–is under pressure to earn money.

“Going forward, rather than obtain permission from you to introduce possible advertising products we have not yet developed, we are going to take the time to complete our plans, and then come back to our users and explain how we would like for our advertising business to work,” Systrom told users.

Related:
Photographers Balk at Instagram’s New Terms of Use
Now That We Know Instagram Isn’t a Charity, What Would You Be Willing to Pay?

December 19th, 2012

Now That We Know Instagram Isn’t a Charity, What Would You Be Willing to Pay?

In the wake of a hue and cry over Instagram‘s proposed changes to its terms of service, the company has announced it will remove language that would have given Instagram rights to use photos in advertisements. Yet the protests continue, with some high profile users suspending their use of the service or shutting down their accounts altogether.

It’s worth asking what, if anything, individual photographers (and big publishers such as Time, National Geographic, and others) are willing to pay to use Instagram. $10 per year? $25? $100? Even more? And what would photo editors, curators, art directors and others pay for their use of the service to scout talent and review work?

Instagram announced changes to its terms of service on Friday so it can monetize the service by using the pictures and personal data of users to generate advertising dollars. Presumably Instagram would use the content and data to deliver audience and eyeballs to advertisers.

The details of how that would work are opaque, but their push to monetize the service isn’t irrational: they’re looking for a return on their investment, and for compensation for their creativity, risk, and operating costs, just like any other business.

It is hard to argue that they would be exploiting Instagram users by doing away with free service. After all, Instagram provides users with undeniable benefits: a compelling service, with innovative features, the opportunity for a creative outlet, the benefits of community, and bandwidth–all free of charge.

Rather than charge usage fees, though, Instagram is effectively trying to barter its services for its users’ data and intellectual property. It obviously made the mistake of pressing for too much.

But there’s almost certainly a level of exchange that most Instagram users would be comfortable with. Facebook’s popularity suggests that users–including many photographers–are willing to barter personal data and intellectual property for a
desirable service. And flickr, a service that some Instagram defectors are considering, charges $25 per year for pro accounts (regular accounts are free, but bandwidth is restricted).

Ultimately, the brouhaha over Instagram’s proposed terms of service boils down to a marketplace negotiation over a fair price for a service, with both sides testing their bargaining strength to start. In the end, photographers (and other Instagram users) will have to pay something.

We’d like to hear from our readers who have used Instagram: How much would you be willing to pay per month or per year or per upload to use Instagram? Or, if you prefer that the service remains free, what new service terms would be acceptable? Would you stay with Instagram if they sold just your user data to advertisers? Would you stay if they licensed or otherwise used your photos to help their advertisers? What’s your deal breaker with Instagram?

Related story: Photographers Balk at Instagram’s New Terms of Use