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The “Instagram Act” and How to Protect Your Photos Online
May 8th
By Kerry Gorgone {grow} Contributing Columnist
The Internet is a bit like the Wild West when it comes to protecting intellectual property and a new law makes it even a little more difficult to lay claim to your images without some proactive measures on your part.
The controversial Enterprise and Regulatory Reform Act, which just received royal assent in the U.K., permits the use of “orphan works” — copyrighted works for which the owner cannot be identified. In most cases, the owner is dead, although it’s also possible that he or she simply has no interest in laying claim to the work.
Permitted uses under the new law would include digitizing archival library collections of unpublished works for purposes of preservation, but the law also allows commercial, for-profit uses of these works, such as advertising.
Photography groups vehemently opposed the legislation on the grounds that they stand to lose ownership and control over any images they post online. Critics have compared the law to the sweeping changes that Instagram made (and later unmade) to the app’s terms of use in December 2012.
Artists and photographers everywhere need to take proactive measures to protect their creative works, placing watermarks on images prior to uploading them online, and populating metadata with ownership information.
The U.K. media is also recommending that photographers and artists register each individual work with the U.S. Copyright Office or the PLUS Registry in the U.K. to ensure that they are identifiable. This way, even if someone could strip identifying information out of an image and repost it online, an interested owner can always come forward to claim their work. Many have cited the cost and time required to register each individual work as prohibitive, but at the moment, there aren’t many options.
Individual authors / artists registering through the U.S. Copyright Office could try registering works as a compilation, provided they published them all within the same year. (37 CFR 202.3(b)(10)) The filing fee for registering groups of photos is currently $65. At minimum, this reduces the likelihood that a work will be considered “orphaned” in the first instance.
Obstacles abound for copyright holders, including the fact that the U.S. Copyright Office does not offer a reverse image search. In the U.K., the PLUS Registry only holds names, and the “upload and search on an image” function does not yet work. Still, anything is better than nothing, given that the law has passed.
Another important thing to note is that the U.S. Copyright Office saves images for only ten years, unless the copyright holder pays an additional $470 for “full-term retention of a published deposit,” so the value of registration after that point is questionable.
One thing photographers can do is monitor Google for uses of their copyrighted works. Google’s sophisticated search technology does permit reverse image searches, so users can upload their copyrighted image and see matching images identified by Google. This will help copyright owners to detect infringing uses, so they can assert their rights against the infringing party.
As theoretically devastating as this development is for photographers, I really think that most works affected will be works no owner will ever claim; images that previously could not be used because of a potential copyright claim that would never materialize.
Companies don’t want legal headaches anymore than you do. They’re unlikely to intentionally use works that someone might sue over. Given the huge body of available images, there’s no reason to think they’d elect to steal a copyrighted work when they could find (or create) any number of suitable images for advertising purposes.
Bottom line: protect yourself to the extent you can. Wouldn’t you do that anyway?
Kerry O’Shea Gorgone, JD/MBA, is an attorney who teaches New Media Marketing in the Internet Marketing Master of Science Program at Full Sail University in Winter Park Florida. Follow her on Twitter: KerryGorgone
Photo courtesy Flickr Creative Commons umjeandoan
40 million people can’t be wrong — The secrets of viral
Apr 10th
By Kerry Gorgone, {grow} Contributing Columnist
One of the standout sessions at SXSW Interactive this year was a presentation by Jonah Peretti of BuzzFeed. In it, he chronicled his journey from early viral sensation to creating a respected media channel boasting 40 million unique visitors.
Having spent more than 10 years studying his successes and failures to find the formula for “going viral,” Peretti is uniquely qualified to help marketers create content that gets shared. Here are some key points from his presentation.
Takeaways from @peretti and #powershift. Probably the best #sxsw session I’ve seen. Bold statement. twitter.com/nathanjokers/s…
— Nathan Jokers (@nathanjokers) March 12, 2013
Engage the “Bored at Work Network”
Millions of people find themselves idle at work from time to time. The importance of appealing to this audience cannot be overstated. “Collectively,” observed Peretti, “they create a network bigger than the BBC or NBC or CBS. More people can receive a piece of media if the ‘Bored at Work’ network likes it.” Case in point: “13 Simple Steps to Get You Through a Rough Day.”
Also optimize your content for mobile, so you can leverage the power of the advancing “Bored in Line” network, as well. Almost 40 percent of BuzzFeed’s traffic comes to the site via mobile, leading Peretti to conclude that “If you don’t optimize your content for mobile, you have zero chance of going viral.”
Understand Your Platform
Facebook is different from Twitter, which is different from Instagram, which is different from Google+. Your content, tone, and timing of posts must be adjusted according to the preferences of each specific community. The task isn’t as daunting as it sounds (you can use HootSuite or another tool to schedule posts), but it does require some thought.
Twitter posts have a half-life of one hour; Facebook about a day; Pinterest about one week. Plan accordingly, and don’t be afraid to repost the same link: just be sure to change the introductory text so you’re not making identical posts. Change the context, and introduce the post using a different angle; emphasize an aspect of the content that will appeal to a particular subset of your audience.
Once you understand how the platforms work, spend half your time refining your message, and half your time thinking about how to promote it. Don’t spend all your time on the idea, then consider about how to promote it as an afterthought. They are equally important.
Social content is changing advertising
We’re shifting back to the “Mad Men” days, when ads told a story and were an integral part of the entertainment experience. Advertising should add to your site, not detract from it. BuzzFeed eschews banner ads in favor of content marketing.
Consider the user experience: integrate advertising that enhances rather than disrupts. Banners don’t give you enough room to tell a story. “Social can help us get back to a golden age of advertising, where brands tell a story.” Combine a compelling story with the massive distribution you get from the social networking platforms.
Treat social like the Paris cafe
People love to linger over coffee at a Parisian cafe. They read philosophy, stop by pat a cute dog, flirt with someone at the next table. It’s all part of the experience. Your social presence needs be this inviting. Encourage people to stick around and engage.
Social networks have become people’s starting point for their online experience. Publishers need to be at the source, creating all types of content — news , branded content, and entertainment – and sharing it via social.
Social is a way of thinking, not a “trick.”
You can’t fool people into thinking that your business is social just because you’re on Facebook (or Pinterest, for that matter). The “trick” is that you must actually be a social entity, equipped with a sense of community and engagement. Scheduling posts that go out into the void will not propel you to social success: failing to engage with your customers in the social space will ultimately hurt your business.
Think in a way that is compatible with social:
- Have a heart. EQ is as important as IQ, possibly even more important. As Peretti observed, “Google is about information: social networks are about emotion.”
- Content is about identity. Enable people to communicate something about themselves that uniquely identifies them. Content that a few people care deeply about is more likely to get shared because it defines them. Example: “32 Absolute Worst Parts About Being Tall.”
- Humor is inherently social. Laughing with people brings us closer, but you don’t have to use humor. Nostalgia works, too. The key is tapping into common experiences.
Incidentally, don’t post things people would be embarrassed to share. People may want to see naked celebrity photos, but they use search for that, not social. What people want to see and what they want to share are two different things, so make your content sharable if you want a chance at going “viral.”
If you have some time, I highly recommend listening to Peretti’s presentation. His talk is informative and entertaining: much like the content that marketers need to create!
Kerry O’Shea Gorgone, JD/MBA, teaches New Media Marketing in the Internet Marketing Master of Science Program at Full Sail University in Winter Park Florida. Follow her on Twitter: @KerryGorgone
“You’re Creeping Me Out!” The Dark Side of Social Networking
Mar 13th
By Kerry Gorgone, {grow} Contributing Columnist
Things are about to get personal.
Social media has made it easier than ever to connect: Facebook, Twitter, LinkedIn, Instagram and other services have greatly amplified everyone’s personal brand message. This is fun, and beneficial inasmuch as we can get a sense of someone’s professionalism, character, and personality before we ever meet them in person.
Recently, though, I’ve had some less than pleasant experiences with people who seem to be interested in professional networking, but ultimately just wanted to use me to sidle up to someone else I know. Here are some tips from me and some of my social media friends on how to connect with people (as opposed to using them):
Don’t be creepy. If we’ve had a professional phone call, don’t use my number later for personal reasons. Texting me at 10 p.m. to ask “what’s up” is going to make me uncomfortable. My significant other won’t appreciate it, either.
If I accept your friend request on Facebook, don’t message me telling me I forgot to post to your wall for your birthday, as though I should have remembered. My mother didn’t call me on my birthday. Get over it.
Don’t come on too strong. I appreciate when people are helpful, and offer to share my posts or promote my upcoming appearances. This kind of professional support should show that you value my work and share my passions. Unless we’ve met in person, however, please don’t ask for my home address and, say, mail me gifts. That’s a little too personal.
You don’t owe me anything, and sending unsolicited gifts to me or my kids makes me feel as though you want me in your debt for some reason. Maybe this is unfair, but the fact is, it creeps me out, and I’m probably not the only one. Social gifting via Facebook and other networks has started to change public perception. A small token of appreciation given via Facebook is probably fine, since it won’t require that you know my home address or other vital information, but don’t go overboard.
Let things unfold naturally. That’s the only way a genuine, lasting relationship can begin.
Don’t ask for favors immediately. Nothing says “I’m using you” like friending me, then immediately asking how you should go about getting my close friend, Mr. New Media Celeb, to endorse your forthcoming project. Immediately, I will realize that you only wanted to step over me. That’s not a pleasant feeling, and will actually undermine your ultimate goal of “getting in” with my close friend, who is sure to value my opinion about pitches from “mutual connections.”
Consider how well you know someone before asking for any favors at all. As travel blogger and social media consultant Ann Tran observes, “I’m not automatically your friend when you need your book promoted or reviewed. ”Controlling the influx of pitches is a challenge when you have 300,000 followers on Twitter, as Ann does (@AnnTran_), but she remains open to connecting with people in a genuine way. “Social Media is all about collaborating and cultivating relationships, just like you would in any real-life situation.”
Don’t overstate our relationship. Please don’t send my high-profile friend a request to connect, indicating that you and I are good friends. We aren’t. Calvin Lee, designer, Twitter personality (@MayhemStudios), and Klout phenomenon, has more than 80,000 followers on Twitter, and has some experience with people overstepping boundaries. “They try to friend you online and IRL, talking you up like you’re the best friends in the world. They try getting on your good side by commenting, liking, sharing, or retweeting your posts and updates on all your social networks. “They’ll also friend everyone in your circle of friends on your social networks, adding as many as possible, then try to be their best friend. The next thing you know, this person will have snaked and faked their way into your network.”
I agree with Calvin that frantically friending my friends is a no-no. It’s fine to say that you know me, if that’s the case, and ideally to explain how. For instance, “I met Kerry at the NASA Social in D.C. last week and she had some great things to say about you. I’d love to connect, if you’ve a mind to.” This gives an accurate representation of our connection, and my friend can decide whether or not they want to accept your request based on what they know about you, rather than thinking I’m “vouching” for you without having been asked.
An emoticon is just an emoticon. 
Don’t assume that someone you know on Twitter wants to take the relationship offline just because he or she engages with you or your posts. Actress Casey McKinnon recommends maintaining appropriate boundaries when connecting with the opposite sex on social networks. “The best way not to be creepy online is to treat every female on the internet like she’s your sister… unless you’re into incest, then you should just stay off the web altogether.” So before you send that friend request or ask for a “shout out,” think about how you’d feel if the tables were turned. If you’d be creeped out or annoyed, chances are I will be too.
Kerry O’Shea Gorgone, JD/MBA, teaches New Media Marketing in the Internet Marketing Master of Science Program at Full Sail University in Winter Park Florida. Follow her on Twitter: KerryGorgone
Sued in Six Seconds: Avoiding the Entanglements of Twitter’s Vine
Feb 13th
By Kerry Gorgone, Contributing {grow} Columnist
Six seconds (or six and a half, for the purists among us) hardly seems long enough to convey anything of substance, and yet Vine — Twitter’s new video sharing service — is catching on fast. Maybe it’s not surprising. Six seconds of Super Bowl advertising time would cost $800,000, so clearly time is valuable!
For those who haven’t tried it yet, Vine enables users to capture six seconds of live video (uploading from the camera roll is not allowed): no editing, no adding titles or a soundtrack, just sharing.
At first, I didn’t see the point of the service, but Ann Handley convinced me it was worth trying, and as soon as I did, it captured my attention. I had been focused on seconds, rather than moments, and each moment offers endless possibilities.
Vine offers marketers a chance to engage their prospects in a fun new way, but there’s also the risk of legal liability anytime you upload content to a social network. Here are some tips on how to Vine responsibly.
- Create your own content. Vine’s requirements make this rule relatively easy to obey, but some people “vine” clips of movies they’re watching or pieces of art they’re viewing at a museum. Showing other people’s copyrighted works (even for six seconds or less) could result in a lawsuit, although a takedown notice is more likely. Not worth it: you can come up with six seconds of video content.
- Pay attention to sound as well as video. It’s easy to focus on the visual element, but listen while you record. Are you picking up snippets of highly personal conversations, or copyrighted music? The best course of action is to create Vine videos in a controlled environment, so you can avoid unintentionally capturing sensitive information or copyrighted audio works.
- Vine strangers (especially children) with caution. For companies especially, this is important: model releases are required when using someone’s likeness for marketing, whether you’re using still images, full-length videos, or six-second Vines. Consumer users should try and frame their Vine videos so that only consenting adults are recognizable.Parents can show their own children, if they choose, but be sensitive to child protection laws: an innocent bath-time video could be construed as child pornography under federal law.
- Avoid showing private information about others. This tip goes more to good manners than legal obligation, but it is possible to create a video that would constitute invasion of privacy under many states’ laws.Be considerate: don’t shoot through people’s windows (obviously), but also take care not to capture people’s identifying information, or conversations in which people discuss medical treatment or other sensitive matters.
- Keep it positive. Don’t depict others in a misleading or negative light, or you might find yourself sued for defamation. Truth is a defense, and I fully support freedom of speech, but you only get to assert a defense once you’ve been sued. Being sued is costly and inconvenient: in most instances, the satisfaction of posting something nasty evaporates when the summons arrives.
- Think before showing trademarks. Generally speaking, it’s fine to show a trademark in a non-commercial video so long as the viewer won’t be confused into thinking that the trademark owner endorses your content (or that you are the trademark owner).Companies and brands using Vine need to be more scrupulous about showing others’ trademarks. If a company were to take issue with how their brand or product was depicted, you could find yourself involved in some legal wrangling involving demand letters or worse.Sometimes, a brand or label is the entire point of your video, but the safest course of action is to keep things generic.
- Don’t Drive and Vine!
Like Pinterest, Instagram and YouTube, Vine gives marketers access to a powerful visual medium that people love using, but any new medium poses some risk. Following these simple rules will help to keep you out of the legal jungle.
Are you on Vine?
Kerry O’Shea Gorgone, JD/MBA, teaches New Media Marketing in the Internet Marketing Master of Science Program at Full Sail University in Winter Park Florida. Follow her on Twitter: @KerryGorgone
Illustration: Climbing vines by webtreats, Flickr Creative Commons
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