The Art & Folly of Visual Social Media

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Using images the RIGHT way to make yourself a more "likeable" marketer

Using images the RIGHT way to make yourself a more "likeable" marketer

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  • Businesses are learning to “show” not “tell” and visual content sites are fueling our desire for beautiful photography and sensational design. We have evolved from 1,000-word blogs down to micro-blog posts under 140 characters…and now we are skipping words altogether and moving towards more visual communication with social –sharing sites like Pinterest.This trend toward visual is also influenced by the shifting habits of technology users. As more people engage with social media via smartphones, they’re discovering that taking a picture “on the go” using a high resolution phone is much less tedious than typing out a status update on a two-inch keyboard.44% of facebook fans are more likely to engage with brands if they post pics than any other media.Pinterest referrals spend 70% more than visitors referred from non-social channels. The site also generates more referral traffic than YouTube, Goggle+ and LinkedIn combined – Mashable.com and infographic by Sandbox
  • http://www.copyright.gov/help/faq/faq-fairuse.html
  • Here's what I learned about Fair Use:It DOESN'T MATTER...if you link back to the source and list the photographer's nameif the picture is not full-sized (only thumbnail size is okay)if you did it innocentlyif your site is non-commercial and you made no money from the use of the photoif you didn't claim the photo was yoursif you've added commentary in addition to having the pic in the postif the picture is embedded and not saved on your serverif you have a disclaimer on your site.if you immediately take down a pic if someone sends you a DMCA notice (you do have to take it down, but it doesn't absolve you.)NONE OF THAT releases you from liability. You are violating copyright if you have not gotten express PERMISSION from the copyright holder OR are using pics that are public domain, creative commons, etc. (more on that below.)I didn't know better and I had to learn the hard way. So I want to let you all know now so that you don't have to be a cautionary tale as well.Plus, beyond not wanting to be sued, most of you who are reading this are writers. Our livelihood depends on the rights to our work. I've already had to send my own DMCAs to sites that have pirated my books. So I definitely don't want to be someone who infringes on someone else's copyright. A photo is someone else's art and unless they tell me it's okay, I don't have the right to use it.So what can you do?1. If you've been using images without approval from the internet on your blogs, know that you are probably violating copyright and could be sued for it.Is the chance high? Probably not. Is it possible? I'm proof that it is. So you may want to consider going through your posts and delete pics that aren't yours.2. Search for photos that are approved for use.Creative Commons licensed pics -- You can search for photos that are free to use (with some restrictions) through Creative Commons. Usually this means you have to attribute the photo to the owner and link back to their site. (All of my posts now have pics that are under Creative Commons license. And there are actually really great photos available.) Meghan Ward did a fantastic post on the breakdown of creative commons licenses plus listed some other photo sources.)Wikimedia Commons offers free media files anyone can use.Buy a subscription to a stock photo site -- This can be pricey up front but then you have access all year. There are also sites that you can pay per pic. (Here is one example of a subscription service. Thanks to Janice Hardy for that suggestion.)Use photos that are in the public domain.3. Take your own photos and share the love.Almost all of us have camera phones these days. Instead of just taking photos of our family, think of images you could use on posts. See a stop sign. Snap a picture and save it. Whatever. And if you want to give back and not just take--open up a Flickr account (here's mine) and list your own images as creative commons so that you can share the love. (You can set it up to where whatever pic you load from you camera is under that license.)4. Use sites like Pinterest and Tumblr with caution.I have read way too many terms of service over the last two months. And I'm not a lawyer, so the legalspeak can be confusing and I am NOT giving legal advice. BUT both Pinterest and Tumblr (and most other social sites) say that if you load something into their site (i.e. Pin It or Tumble it) YOU are claiming that YOU have a legal right to that picture. And if the owner of that photo comes after the company, you will be the responsible party. And Pinterest goes so far as to say if you REpin something, you're saying you have the right to that photo. Yes, if that's enforced, it would mean that 99% of people on Pinterest are doing something illegal. Will that ever come up? Maybe. Maybe not. But I'm leaning on the paranoid side now. I don't want to be the test case. And I don't want to pin something the owner of the photo wouldn't want pinned. So pin your own photos, pin things from sites that have a Pin It button (see discussion in comments about the Pin It button, it's not always a safe bet either.) I pin book covers and movie posters because I figure that it's advertisement for said movies or books. But other stuff? All those pretty mancandy photos? I'm going to look but not touch.*ADDED: Also see discussion in comments about posting and sharing pics on Facebook. Same rules apply.5. Assume that something is copyrighted until proven otherwise.That's your safest bet. If you're not 100% sure it's okay to use, don't. This includes things like celebrity photos. Someone owns those. There are enough free pics out there that you don't need to risk violating someone's copyright.6. Spread the word to your fellow bloggers.It was KILLING me not to be able to go tell everyone about all of this because I didn't want anyone else to get into this kind of mess. So if you know someone who is using photos in the wrong way, let them know. I wish someone had told me.So I know many of you are probably thinking--she's being paranoid or that the likelihood of this ever happening to you is slim. Well, maybe. But it happened to me. And now that I know better, I'm going to do better (from the Maya Angelou quote Oprah always used.) And yes, it does kill me a little bit that I can't go on posting boyfriends of the week and mancandy, but instead I'll just post links to it so you can see it elsewhere. :)So lesson learned: protect yourself and respect the rights of other artists. *This post is not intended as legal advice. God knows I have no background in law. This is just my experience and what I learned working these past few weeks with people who are experts at copyright.
  • Here's what I learned about Fair Use:It DOESN'T MATTER...if you link back to the source and list the photographer's nameif the picture is not full-sized (only thumbnail size is okay)if you did it innocentlyif your site is non-commercial and you made no money from the use of the photoif you didn't claim the photo was yoursif you've added commentary in addition to having the pic in the postif the picture is embedded and not saved on your serverif you have a disclaimer on your site.if you immediately take down a pic if someone sends you a DMCA notice (you do have to take it down, but it doesn't absolve you.)NONE OF THAT releases you from liability. You are violating copyright if you have not gotten express PERMISSION from the copyright holder OR are using pics that are public domain, creative commons, etc. (more on that below.)I didn't know better and I had to learn the hard way. So I want to let you all know now so that you don't have to be a cautionary tale as well.Plus, beyond not wanting to be sued, most of you who are reading this are writers. Our livelihood depends on the rights to our work. I've already had to send my own DMCAs to sites that have pirated my books. So I definitely don't want to be someone who infringes on someone else's copyright. A photo is someone else's art and unless they tell me it's okay, I don't have the right to use it.So what can you do?1. If you've been using images without approval from the internet on your blogs, know that you are probably violating copyright and could be sued for it.Is the chance high? Probably not. Is it possible? I'm proof that it is. So you may want to consider going through your posts and delete pics that aren't yours.2. Search for photos that are approved for use.Creative Commons licensed pics -- You can search for photos that are free to use (with some restrictions) through Creative Commons. Usually this means you have to attribute the photo to the owner and link back to their site. (All of my posts now have pics that are under Creative Commons license. And there are actually really great photos available.) Meghan Ward did a fantastic post on the breakdown of creative commons licenses plus listed some other photo sources.)Wikimedia Commons offers free media files anyone can use.Buy a subscription to a stock photo site -- This can be pricey up front but then you have access all year. There are also sites that you can pay per pic. (Here is one example of a subscription service. Thanks to Janice Hardy for that suggestion.)Use photos that are in the public domain.3. Take your own photos and share the love.Almost all of us have camera phones these days. Instead of just taking photos of our family, think of images you could use on posts. See a stop sign. Snap a picture and save it. Whatever. And if you want to give back and not just take--open up a Flickr account (here's mine) and list your own images as creative commons so that you can share the love. (You can set it up to where whatever pic you load from you camera is under that license.)4. Use sites like Pinterest and Tumblr with caution.I have read way too many terms of service over the last two months. And I'm not a lawyer, so the legalspeak can be confusing and I am NOT giving legal advice. BUT both Pinterest and Tumblr (and most other social sites) say that if you load something into their site (i.e. Pin It or Tumble it) YOU are claiming that YOU have a legal right to that picture. And if the owner of that photo comes after the company, you will be the responsible party. And Pinterest goes so far as to say if you REpin something, you're saying you have the right to that photo. Yes, if that's enforced, it would mean that 99% of people on Pinterest are doing something illegal. Will that ever come up? Maybe. Maybe not. But I'm leaning on the paranoid side now. I don't want to be the test case. And I don't want to pin something the owner of the photo wouldn't want pinned. So pin your own photos, pin things from sites that have a Pin It button (see discussion in comments about the Pin It button, it's not always a safe bet either.) I pin book covers and movie posters because I figure that it's advertisement for said movies or books. But other stuff? All those pretty mancandy photos? I'm going to look but not touch.*ADDED: Also see discussion in comments about posting and sharing pics on Facebook. Same rules apply.5. Assume that something is copyrighted until proven otherwise.That's your safest bet. If you're not 100% sure it's okay to use, don't. This includes things like celebrity photos. Someone owns those. There are enough free pics out there that you don't need to risk violating someone's copyright.6. Spread the word to your fellow bloggers.It was KILLING me not to be able to go tell everyone about all of this because I didn't want anyone else to get into this kind of mess. So if you know someone who is using photos in the wrong way, let them know. I wish someone had told me.So I know many of you are probably thinking--she's being paranoid or that the likelihood of this ever happening to you is slim. Well, maybe. But it happened to me. And now that I know better, I'm going to do better (from the Maya Angelou quote Oprah always used.) And yes, it does kill me a little bit that I can't go on posting boyfriends of the week and mancandy, but instead I'll just post links to it so you can see it elsewhere. :)So lesson learned: protect yourself and respect the rights of other artists. *This post is not intended as legal advice. God knows I have no background in law. This is just my experience and what I learned working these past few weeks with people who are experts at copyright.
  • 1. If you've been using images without approval from the internet on your blogs, know that you are probably violating copyright and could be sued for it.Is the chance high? Probably not. Is it possible? I'm proof that it is. So you may want to consider going through your posts and delete pics that aren't yours.2. Search for photos that are approved for use.Creative Commons licensed pics -- You can search for photos that are free to use (with some restrictions) through Creative Commons. Usually this means you have to attribute the photo to the owner and link back to their site. (All of my posts now have pics that are under Creative Commons license. And there are actually really great photos available.) Meghan Ward did a fantastic post on the breakdown of creative commons licenses plus listed some other photo sources.)Wikimedia Commons offers free media files anyone can use.Buy a subscription to a stock photo site -- This can be pricey up front but then you have access all year. There are also sites that you can pay per pic. (Here is one example of a subscription service. Thanks to Janice Hardy for that suggestion.)Use photos that are in the public domain.3. Take your own photos and share the love.Almost all of us have camera phones these days. Instead of just taking photos of our family, think of images you could use on posts. See a stop sign. Snap a picture and save it. Whatever. And if you want to give back and not just take--open up a Flickr account (here's mine) and list your own images as creative commons so that you can share the love. (You can set it up to where whatever pic you load from you camera is under that license.)4. Use sites like Pinterest and Tumblr with caution.I have read way too many terms of service over the last two months. And I'm not a lawyer, so the legalspeak can be confusing and I am NOT giving legal advice. BUT both Pinterest and Tumblr (and most other social sites) say that if you load something into their site (i.e. Pin It or Tumble it) YOU are claiming that YOU have a legal right to that picture. And if the owner of that photo comes after the company, you will be the responsible party. And Pinterest goes so far as to say if you REpin something, you're saying you have the right to that photo. Yes, if that's enforced, it would mean that 99% of people on Pinterest are doing something illegal. Will that ever come up? Maybe. Maybe not. But I'm leaning on the paranoid side now. I don't want to be the test case. And I don't want to pin something the owner of the photo wouldn't want pinned.So pin your own photos, pin things from sites that have a Pin It button (see discussion in comments about the Pin It button, it's not always a safe bet either.) I pin book covers and movie posters because I figure that it's advertisement for said movies or books. But other stuff? All those pretty mancandy photos? I'm going to look but not touch.*ADDED: Also see discussion in comments about posting and sharing pics on Facebook. Same rules apply.5. Assume that something is copyrighted until proven otherwise.That's your safest bet. If you're not 100% sure it's okay to use, don't. This includes things like celebrity photos. Someone owns those. There are enough free pics out there that you don't need to risk violating someone's copyright.

Transcript

  • 1. THE ART & FOLLY OF VISUAL SOCIAL MEDIA Presented by Lisa Kaslyn, Principal & Creative Strategist Photo: (cc) TheInvisibleWombat via Flickr
  • 2. TONIGHT’S AGENDA• The rise in visual social media• Getting your hands on sweet eye-candy• Beware the copyright - What is Fair Use? Can you be sued? • A case study• So, what’s the answer? How can we post great visuals without the fear of infringement?• Social media mavens have all the fun because everyone “likes” them • Picking “likeable” images• Resources (cc) Matthew Bordignon via Flickr
  • 3. THE RISE OF VISUAL SOCIAL MEDIA “…Facebook, Instagram and Articles with pictures generate 47% more click- Pinterest have ushered in visual thru activity – Curata study marketing as the breakout trend for 2012.” -- Fast Company, August 2012On Facebook, videos are shared 12x more than links and text “As more people engage with social posts combined and photos are media via smartphones, they’re“liked” 2x more than text updates discovering that taking a picture “on the – Infographic by M Booth go” using a high resolution phone is much less tedious than typing out a status update on a two-inch keyboard.” -- Fast Company, August 2012
  • 4. …AND DON’T FORGET THE NEW TWITTERHEADER : ) Two weeks ago, Twitter debuted the new Twitter profile, featuring a more eye-catching header image
  • 5. SO, WHERE DO YOU GO FOR THE SWEETESTEYE CANDY? (cc) Juushika Redgrave via Flickr
  • 6. THERE ARE GAZILLIONS OF PHOTO SOURCES,BUT…• You can’t just use someone’s art if they have not given you permission to do so Photo (cc) Curtis Gregory Perry Via Flickr
  • 7. FAIR USE, FOR REUSE AND WHAT’S THE USE!• What is Fair Use?Fair use is a limitation and exception to the exclusive right granted by copyright law to the authorof a creative work. In United States copyright law, fair use is a doctrine that permits limited use ofcopyrighted material without acquiring permission from the rights holders. Examples of fair useinclude: commentary, search engines, criticism, news reporting, research, teaching, libraryarchiving and scholarship…• Case Study: How a Romance Writer had her Heart Broken After Using a Copyrighted Image on her Popular Blog - Roni Loren’s Tell-All http://www.roniloren.com/blog/2012/7/20/bloggers-beware-you-can-get-sued-for-using-pics-on-your-blog.html
  • 8. HERE’S THE GIST OF WHAT RONI LEARNED THE HARD WAY ABOUT FAIR USE…It DOESNT MATTER...• if you link back to the source and list the photographers name• if the picture is not full-sized (only thumbnail size is okay)• if you did it innocently• if your site is non-commercial and you made no money from the use of the photo• if you didnt claim the photo was yours• if youve added commentary in addition to having the pic in the post• if the picture is embedded and not saved on your server• if you have a disclaimer on your site.• if you immediately take down a pic if someone sends you a Digital Millennium Copyright Act (DMCA) noticeNONE OF THE ABOVE releases you from liability. You are violating copyright if you have notgotten express PERMISSION from the copyright holder (or are using pics that are public domain,creative commons, etc.).
  • 9. SO WHAT CAN YOU DO?1. If youve been using images without approval from the internet on your blogs,know that you are probably violating copyright and could be sued for it2. Search for photos that are approved for use• Creative Commons licensed pics, Wikimedia Commons , photos in the public domain and/or subscribe to a stock photo site -- This can be pricey up front but then you have access all year.3. Take your own photos and share the love4. Use sites like Pinterest and Tumblr with caution5. Assume that something is copyrighted until proven otherwise Note: This information is not intended as legal advice.
  • 10. VISUAL SOCIAL MEDIA MAVENS HAVE ALL THEFUN BECAUSE EVERYONE “LIKES” THEM…
  • 11. PICKING “LIKEABLE” IMAGES1. Know your audience2. Stay on top of the news and trends inside and outside your industry to tap into mainstream topics that everyone can react to3. Employ tools that will help tell a story graphically – think infographic4. It’s OK to use Pinterest, Tumblr, Google Image Search, etc., to get inspiration for that perfect picture…use keywords that describe what you found in Creative Commons. That’ll help you home in on what you’re looking for
  • 12. RESOURCES• Copyright http://en.wikipedia.org/wiki/Copyright• Creative Commons http://search.creativecommons.org/ + http://meghanward.com/blog/2012/06/21/where-to-get-photos-for-your- blog/• Wikimedia Commons http://commons.wikimedia.org/wiki/Main_page• iStockPhoto http://www.istockphoto.com/• PhotoSpin https://www.photospin.com/Default.asp?• Piktochart http://piktochart.com/• Public Domain Image Resources http://en.wikipedia.org/wiki/Wikipedia:Public_domain_image_resources
  • 13. Twitter: @KashenFacebook: facebook.com/lisa.kaslynLinkedIn: linkedin.com/in/kaslynPinterest: pinterest.com/seoflack/Google+: Lisa KaslynWebsite: ProsperComm.com; lisa@prospercomm.com