Connectivity

We all benefit when we make our world larger.

DMLA 22nd Annual Conference

Manhattan, Oct. 22-24

Summary

I’ve just returned home from New York and I’m feeling so grateful for your participation in this year’s DMLA Annual Conference. Our attendance was greater than last year and I trust that you were happy to be back in Manhattan!

As all of you know, lots of work goes into putting on an event like the DMLA 2017 Conference and we are so privileged to work with so many talented people. To our Program Committee led by Ophelia Chong (Stock Pot Images), Doug Dawirs (DMLA Tech Advisor), Rick Gell (Consultant), Paul Melcher (Melcher Systems), James Oh (Adobe), Andrew Rowat (Haystack), Julie Sloane (Science Source) and Sonia Wasco (Grant Heilman Photography) a huge thank you for putting together such a diverse and interesting program.

A huge thank you to Doug Dawirs for working so tirelessly both days on the AV for the sessions and making sure that everything flowed so well. And an extra thank-you to Ophelia for her design of the conference logo and the new fold-up program that I believe everyone really enjoyed having right in your name badge holder this year!!

A special thank you to Geoff Cannon, our DMLA President, for his support and guidance.

It’s almost impossible to put on a conference without the assistance of our sponsors to help with the costs and we are so grateful for their generosity. Adobe stepped up again with the Platinum Sponsorship and provided the wonderful conference bags, the delightful opening reception and provided us with a great session. Silver Sponsor Capture’s DMLA LIVE DAM 2017 gave everyone the ability to find the people they were looking for meetings and they also sponsored the great notebooks everyone was using to take notes! I hope you’ve checked out the site since the conference to see all the great live images!

Thanks also to Cowen, Baets, Abrahams and Sheppards (CDAS) for sponsoring the lanyards. To Clarifai, attending their first DMLA Conference, thanks for stepping up and sponsoring our Monday night cocktails! Our printing was coordinated once again by Grant Heilman Photography and KeyIndia provided us with a wonderful masseuse that I hope you enjoyed. Additional thanks to ImageRights who sponsored the photo booth at the cocktail parties (such fun) and the coffee cups during the day.

It was really nice this year to include more motion in our sessions and we thank both FOCAL and ACSIL for their participation and sponsorship.

And to Andrea Stern and Mary Egan from MOCA who helped me secure the sponsorships and provide all around support for this event, a big hug and thanks! They also have reviewed all the sessions that you find below.

Again, thanks to each of you for your support of DMLA and the conference. I look forward to hearing your thoughts and suggestions. We’re excited to be moving next year’s conference out west to Los Angeles. We hope to see you there!

If you would like to be involved in next year’s planning, please contact me at cathy@digitalmedialicensing.org.

  • Read more…Opening Keynote Address – The Age of the Content Paradox: How Technology Is Reshaping Media Creation
  • We live in the age of a content paradox. Content has never been produced and consumed at such a rapid rate in history, and yet, despite the massive increase in demand, budgets are falling rapidly, deadlines are being crunched, and people are being forced to find new and more efficient ways of working. Join Pond5 CEO Jason Teichman as he delves into how the sharing economy is helping to solve this problem, while exploring how new advances in technology — both software and hardware-based — are democratizing content creation, providing new solutions for artists and businesses alike, and giving birth to a new paradigm in media.

  • Read more…Prices: Can We Raise Them?
  • Stock photo prices have been declining for years, partially due to oversupply. Must prices continue to fall? Is there a strategy for charging more to enough customers that production of new images will become a viable business option for more producers? If so, how? What’s the strategy? If not, will that impact contributor supply? What alternatives are there for agencies to grow their business?

  • Read more…News from the Editorial Market
  • While the big stock photo agencies are battling for the bigger piece of the pie, a flurry of smaller startups have recently entered the editorial market. Does this mean there is a revival or are they battling for sparse leftovers? And, what does it mean for the stock photo industry in general? Is editorial the next big market?

  • Read more…Post-Usage Licensing / Found Money
  • Copyright infringement costs you and your contributors money. Education alone doesn't work and copyright law isn't a law if it's not enforced. Come learn more about the discovery, assessment, recovery and copyright registration process and what's to be gained (and lost) in the world of post-usage licensing. Hear from industry experts from the USA and Europe along with legal counsel who specializes in the field.

  • Read more…Motion Creators and Sellers – You have a moving image collection; what is your licensing strategy?
  • Do you go exclusive, have multiple licensing agents, set up your own site, or all of the above? Besides revenue split, what factors drive your licensing agent choices? Marketing effort? Ease of uploading?

  • Read more…Growth Hacking: Jump-starting Customer Acquisition and Retention
  • Chris helped run user acquisition at Jet.com and Fanduel, and helps get apps in the top 10 on the App Store. Here he shares best practices for discovering new customers, keeping existing ones happy, and generally pointing growth to the top right corner.

  • Read more…The Future of Content Creation and Consumption
  • Scott Braut is the Head of Content at Adobe, where he leads the acquisition of content across photos, vectors, videos, and other creative assets, and drives the overall content strategy and operations for Adobe’s Creative Cloud business. Scott is a well-known leader in the content space, with over 20 years of experience in content licensing, product development, eCommerce, and digital media. Join Scott as he shares his industry insights on the technological, cultural, and society shifts that have given rise to the revolution of content, and how Adobe has embraced these changes with technological advancements, new product offerings, and meaningful partnerships. Scott will also showcase the latest innovations from Adobe designed to help content creators and consumers keep up with the demands of the ever-changing stock and media industries.

  • Read more…Breaking the Frame: The Format Revolution
  • While 2D images still dominate the marketplace, they are being challenged by new formats (3D, VR, 360°, panoramic, cinemagraph, GIFs). Expert panelists will discuss which ones, if any, will take over, how and why.

  • Read more…Legal Panel: Legal Developments You Need To Know
  • A panel of attorneys with expertise in the content licensing field will present on developments in the law and best practices tips to help you navigate content licensing, avoid pitfalls, and become more effective.

  • Read more…The Future of Food
  • Do trends start on social media or do they start by marketers? On a daily basis there are over 160M images of food posted on Instagram by amateurs posting near pro quality images, and branders are re-posting these images for credit only, saving them money and time from having to create their own content. With only a few seconds to grab a follower’s attention, how do we create images that will be on trend for licensing with the competition of millions of images in social media? Our panel will talk about their views and predictions on food and beverage trends which will give attendees a glance into what will be trending on social media in the future.

  • Read more…Motion Buyers – You need moving images for a production, what criteria drive your library sourcing?
  • Is it the depth and breadth of collection, ease of search and quality of metadata, pricing, subscription models, bulk deals, Indemnification and rights protections, a sales person to talk to?

  • Read more…Young Guns II
  • Images in the Age of the 45th: As we move towards an audience that judges within seconds on whether to engage or swipe left, we as image makers need to rethink how we gain and retain viewers. How does the group who will be most affected by decisions made in the next four years see the world in their choice of imagery?

Download this PDF version of the program
to reference while at the conference.

Program

Sunday, October 22 — The New Yorker Hotel, 481 8th Ave, New York, NY 10001
Time Title Description Location
  7:00 PM DMLA Opening Networking Reception

Sponsored by:

Adobe

Crystal Ballroom & Mezzanine
Monday, October 23 — The New Yorker Hotel, 481 8th Ave, New York, NY 10001
Time Title Description Location
  8:00 AM Networking Breakfast and Registration   Grand Ballroom
  8:30 AM to
  5:30 PM
Exhibits and Meeting Area

Looking for a place to network and/or demo during the DMLA 2017 Conference? Want a place where people can find you throughout the meeting? We’re offering a limited number of tables so that you don’t have to look for a place to meet with colleagues, business partners and customers. These tables will be assigned on a first-come, first-served basis and will include up to 4 chairs, electricity and WiFi access.

You can bring a roll-up banner to place behind on alongside your 6’ table to increase your presence. The cost is a steal at $350 for DMLA members for the two days, and $450 for non-members. Don’t wait! We have a limited number and they are certain to go quickly!!

The exhibit/networking area will occupy the mezzanine adjacent to the Crystal Ballroom.

Go here to purchase your ticket for a table and/or to register for the conference.

*You must be registered for the conference to reserve a table. Table access during conference hours is 9:00 AM - 6 PM.

 

Mezzanine
  9:00 AM

Welcoming Message

Crystal Ballroom
  9:30 AM

Jason TeichmanJason Teichman
CEO
Pond5

The Age of the Content Paradox: How Technology Is Reshaping Media Creation

We live in the age of a content paradox. Content has never been produced and consumed at such a rapid rate in history, and yet, despite the massive increase in demand, budgets are falling rapidly, deadlines are being crunched, and people are being forced to find new and more efficient ways of working. Join Pond5 CEO Jason Teichman as he delves into how the sharing economy is helping to solve this problem, while exploring how new advances in technology — both software and hardware-based — are democratizing content creation, providing new solutions for artists and businesses alike, and giving birth to a new paradigm in media.

Crystal Ballroom


10:45 AM

Markus Bauer, Point of Media

DMLA Talk: Introducing Point of Media

Markus Bauer, Managing Director of point-of-media.com GmbH, introduces an all-new platform for professional creators. point-of-media.com simplifies and shortens the path between professional media producers and users in a world where the importance of communicating visual content has grown enormously for the global economy. Markus talks about this new markets for media licensing, which will be highly attractive, but also competitive and innovative pressure will increase extremely.

Crystal Ballroom
11:00 AM

Moderator: Jim Pickerell, Selling Stock

Panelists:
Scott Mc Kiernan, ZUMA/DOUBLEtruck
Tomas Speight, Panther Media
• T.J. Leonard, VideoBlocks
• José Azel, Aurora Photos

Prices: Can We Raise Them?

Stock photo prices have been declining for years, partially due to oversupply. Must prices continue to fall? Is there a strategy for charging more to enough customers that production of new images will become a viable business option for more producers? If so, how? What’s the strategy? If not, will that impact contributor supply? What alternatives are there for agencies to grow their business?

 

Sponsored by:

Capture

Crystal Ballroom
12:15 PM Networking Lunch   Grand Ballroom
  2:00 PM

Moderator: Paul Melcher, Melcher System

Panelists:
Jonathan Wells, SIPA USA
Tom Tramborg, The Mega Agency
• Ben Pfeifer, Shutterstock
• Gary Hershorn, Fox News

News from the Editorial Market

While the big stock photo agencies are battling for the bigger piece of the pie, a flurry of smaller startups have recently entered the editorial market. Does this mean there is a revival or are they battling for sparse leftovers? And, what does it mean for the stock photo industry in general? Is editorial the next big market?

Crystal Ballroom
  3:15 PM

Moderator: Doug Dawirs, DMLA

Panelists:
Jonathan Thomas, ImageProtect
Marcus Schmitt, COPYTRACK
• Joe Naylor, ImageRights
• Mathew Higbee, Higbee & Associates

Post-Usage Licensing / Found Money

Copyright infringement costs you and your contributors money. Education alone doesn't work and copyright law isn't a law if it's not enforced. Come learn more about the discovery, assessment, recovery and copyright registration process and what's to be gained (and lost) in the world of post-usage licensing. Hear from industry experts from the USA and Europe along with legal counsel who specializes in the field.

Crystal Ballroom
  4:30 PM

Mark Homza, Flixel

DMLA Talk: The Art of the Cinemagraph

Capturing and holding the limited attention spans of audiences is difficult today. It takes truly unique, vivid, and mesmerizing content to extend a brand’s reach and storytelling to online audiences. Learn how to conceptualize, produce and distribute cinemagraphs in today's digital-centric world with best in class examples and insights into performance driven creative.

Crystal Ballroom
  4:45 PM

Moderator: Matt White, ACSIL

Rick Ray, DVArchive
Alison Smith, WGBH Media Library
John Schlauch, Tribune Broadcasting
Ted Mendelsohn, Associated Press

Motion Creators and Sellers – You have a moving image collection; what is your licensing strategy?

Do you go exclusive, have multiple licensing agents, set up your own site, or all of the above? Besides revenue split, what factors drive your licensing agent choices? Marketing effort? Ease of uploading?

 

Sponsored by:

Association of Commercial Stock Image Licensors

Crystal Ballroom
  6:00 PM to
  7:00 PM
Cocktail Reception

Sponsored by:

Clarifai

Crystal Ballroom & Mezzanine
Tuesday, October 24 — The New Yorker Hotel, 481 8th Ave, New York, NY 10001
Time Title Description Location
  8:00 AM Networking Breakfast and Registration   Grand Ballroom
  8:30 AM to
  5:30 PM
Exhibits and Meeting Area

Looking for a place to network and/or demo during the DMLA 2017 Conference? Want a place where people can find you throughout the meeting? We’re offering a limited number of tables so that you don’t have to look for a place to meet with colleagues, business partners and customers. These tables will be assigned on a first-come, first-served basis and will include up to 4 chairs, electricity and WiFi access.

You can bring a roll-up banner to place behind on alongside your 6’ table to increase your presence. The cost is a steal at $350 for DMLA members for the two days, and $450 for non-members. Don’t wait! We have a limited number and they are certain to go quickly!!

The exhibit/networking area will occupy the mezzanine adjacent to the Crystal Ballroom.

Go here to purchase your ticket for a table and/or to register for the conference.

*You must be registered for the conference to reserve a table. Table access during conference hours is 9:00 AM - 6 PM.

Mezzanine
  8:45 AM

Chris Franco, Woodridge Growth

Growth Hacking: Jump-starting Customer Acquisition and Retention

Chris helped run user acquisition at Jet.com and Fanduel, and helps get apps in the top 10 on the App Store. Here he shares best practices for discovering new customers, keeping existing ones happy, and generally pointing growth to the top right corner.

Crystal Ballroom
  9:30 AM

Scott Braut, Adobe

The Future of Content Creation and Consumption

Scott Braut is the Head of Content at Adobe, where he leads the acquisition of content across photos, vectors, videos, and other creative assets, and drives the overall content strategy and operations for Adobe’s Creative Cloud business. Scott is a well-known leader in the content space, with over 20 years of experience in content licensing, product development, eCommerce, and digital media.

Join Scott as he shares his industry insights on the technological, cultural, and society shifts that have given rise to the revolution of content, and how Adobe has embraced these changes with technological advancements, new product offerings, and meaningful partnerships. Scott will also showcase the latest innovations from Adobe designed to help content creators and consumers keep up with the demands of the ever-changing stock and media industries.

Crystal Ballroom
10:15 AM

Moderator: Dennis Radeke, Adobe

Panelists:
Tawnya Crawford, Getty Images
Joseph Panker, Come Alive Images
Michelle Novak, Panoramic Images

Breaking the Frame: The Format Revolution

While 2D images still dominate the marketplace, they are being challenged by new formats (3D, VR, 360°, panoramic, cinemagraph, GIFs). Expert panelists will discuss which ones, if any, will take over, how and why.

 

Sponsored by:

Adobe

Crystal Ballroom

11:30 AM

Moderator: James Oh, Adobe

Panelists:
Nancy Wolff, DMLA Counsel
Margaret Vincent, Stocksy
Lisa Willmer, Getty/iStock
Will Clark, Shutterstock


Legal Panel: Legal Developments You Need To Know

A panel of attorneys with expertise in the content licensing field will present on developments in the law and best practices tips to help you navigate content licensing, avoid pitfalls, and become more effective.

Crystal Ballroom
12:30 PM Networking Lunch   Grand Ballroom
  2:00 PM

Moderator: Andrew Rowat, Haystack

Panelists:
Elizabeth Jaime, Bon Appétit
Danny Bowien, Mission Chinese Food
Warren Bobrow, Mixologist, Chef, & Writer
Andrew Scrivani, Photographer, Food Stylist

The Future of Food

Do trends start on social media or do they start by marketers? On a daily basis there are over 160M images of food posted on Instagram by amateurs posting near pro quality images, and branders are re-posting these images for credit only, saving them money and time from having to create their own content. With only a few seconds to grab a follower’s attention, how do we create images that will be on trend for licensing with the competition of millions of images in social media? Our panel will talk about their views and predictions on food and beverage trends which will give attendees a glance into what will be trending on social media in the future.

Crystal Ballroom
  3:15 PM

Josiane Faubert, PICHA

DMLA Talk: Why Should we Explore Diversity?

Josiane will discuss diversity and why we should push for more diversity images.

Crystal Ballroom
  3:30 PM

Moderator: Mary Egan, MOCA/FOCAL Int

Panelists:
Bobby Dicks, CNN Collection
Cristina Lombardo, Vice Media
Avery Fox, Vice Media
Rosemary Rotondi, Independent Researcher

Motion Buyers – You need moving images for a production, what criteria drive your library sourcing?

Is it the depth and breadth of collection, ease of search and quality of metadata, pricing, subscription models, bulk deals, Indemnification and rights protections, a sales person to talk to?

 

Sponsored by:

Focal International

Crystal Ballroom
  4:45 PM

Moderator: Ophelia Chong, Stock Pot Images

Panelists:
Joshua Kissi, Street Etiquette
Joseph Lombardo, Curated Artists
Jessica Pettway, Photographer
Philip Edsel, Photographer

Young Guns II

Images in the Age of the 45th: As we move towards an audience that judges within seconds on whether to engage or swipe left, we as image makers need to rethink how we gain and retain viewers. How does the group who will be most affected by decisions made in the next four years see the world in their choice of imagery?

Crystal Ballroom
Wednesday, October 25 — The New Yorker Hotel, 481 8th Ave, New York, NY 10001
10:00 AM Visual Connections Expo

http://www.visualconnections.com/newyork

For Visual Connections exhibitors only

 

Session Notes

Opening Keynote Address - The Age of the Content Paradox: How Technology Is Reshaping Media Creation
Presenter: Jason Teichman, CEO Pond5

Overview

We live in the age of a content paradox. Content has never been produced and consumed at such a rapid rate in history, and yet, despite the massive increase in demand, budgets are falling rapidly, deadlines are being crunched, and people are being forced to find new and more efficient ways of working. Join Pond5 CEO Jason Teichman as he delves into how the sharing economy is helping to solve this problem, while exploring how new advances in technology — both software and hardware-based — are democratizing content creation, providing new solutions for artists and businesses alike, and giving birth to a new paradigm in media.

Notes

Media Consumption: the average viewer watches 8 hours of content per day.

Content Creators: a poll was undertaken last year with the top TV companies asking “will their budgets go up or down “? 67% said down, 27% no change and 6% Up .

Digital Space – Every day:
100,000 hours of content is uploaded to YouTube
3,000m social assets are posted to Instagram
150m videos and photos to Snapchat

There is a rapid adoption of sharing economies such as Airbnb, eBay, Uber, Etsy
The sharing economy is estimated to grow from $14b in 2014 to $335b by 2025

Looking at Pond5’s current position Jason states:
10,000 new video clips are upload each day and this will be increased year on year to 15,000 per day.
Pond5 views itself as a sharing economy where creatives can find shots they need & monetize the shots they create.  They have 60+ artists in 150 countries.  All clips are screened for copyright, IP and quality.

Jason feels: Licensing has been slow to evolve, the legalities of licensing have not caught up with technology; IP laws are extremely complex and difficult to cover, he explained there is no clearly agreed standard of editorial vs commercial
Customers are confused by licenses – if experts can’t agree how can an average business owner understand?

How does one find what they want – there is a need to find content easily, and most people know what they want when they see it, but they can’t put it into words.  If you have 10m assets how doo you find the content. This is where the use of technology in searches comes into play, such as: Artificial Intelligence (AI), similar content results, smart filters intuitive design, AI in IP filtering.

Innovation in display resolutions such as SD – HD – 4K - 8K, emerging formats AR, Drones 360/VR.

Delegate: Are there any key messages resonating with young / new media buyers in the market?

Jason: The message must be consistent with what you are delivering. Being able to find what you want is important, to ensure the probability of coming back.  Have the right depth and content, plus search that is what we are focused on.  New buyers’ user experience,  this would trump that of other generations.

Prices: Can We Raise Them?
Moderator: Jim Pickerell, Selling Stock      Panelists: Scott McKiernan, Tomas Speight, T.J. Leonard, José Azel

Overview

Stock photo prices have been declining for years, partially due to oversupply. Must prices continue to fall? Is there a strategy for charging more to enough customers that production of new images will become a viable business option for more producers? If so, how? What’s the strategy? If not, will that impact contributor supply? What alternatives are there for agencies to grow their business?

Notes

Jim Pickerell (Jim) asked the panellists and the delegates to consider the following questions:

• How many are happy with the prices they’re getting?
• Can you continue to cut costs?
• Do we need more customers buying more images or do we need to cut costs to be a more efficient operation?
• How many think you need both to be successful?
• How do get to become successful?

Tomas Speight (TS) – Panther Images:
There is a change from Artist to Audience, Contributor Artists have sky rocketed, he does not feel top price have bottomed.
There has been a major change over the years such as 1990-2000 with the induction of digital products and global distribution through the internet.  Between 2000-2008 we have experienced aa massive influx of content and disruption through crowd sourcing.  Since 2015 we have the rise of the eco-systems. 
Most ‘used’ images no longer have a meaningful price tag.  Historically expectations were too high, premium stock is still a volume product.
From the perspective of the client they do not need great pictures, adequate is sufficient, no one pays for traditional services anymore.

Jim: So how can we raise prices?
Scarcity / subject / theme / quality.

Jim: Money is where?
Global online advertising
Global Mobile advertising market

TJ Leonard (TJ) – VideoBlock: Agreed largely with Tomas. Observe how much money photographers are getting. He feels they get a fair amount of sales. VideoBlock want to create high quality images, more people using creative content.
Historically the demand for stock was driven by the big companies, now more small businesses, hobbyists are main users. The profile of users has changed and is a driver of content creation.
Most of the users are not passing costs to clients they are self-users for own business.

TJ:  Believes a new strategy is needed – looking at Affordability / Value / Choice / Simplicity
Ability to go to one place to find multi-content types

Jim: How do we find new ways to earn?
Member Library: value: it gets more people in at low cost who wouldn’t come in otherwise
Marketplace Choice: subscriber – creator – friendly license
Licensing – Simplicity
The market is growing we need to think of ways of working together, excluding traditional ones.

Jose Azal (JA) – Aurora Images
Works differently in that Aurora contributors mostly work on assignment, so Aurora gets images passed on for secondary sales.  This difference has contributed to the survival of the company. He wants to be able to have a community of photographers that feel it’s worth investing in Aurora and get a return on their time and effort.

Scott Mc Kiernan (SM) - ZUMA/DOUBLEtruck
We need a dialogue. Research shows that in the editorial market they pay 10 cents on the dollar. ZUMA photographers are hi-quality premium photographers, not the highest earners. With 90% of market controlled by 3 or 4 companies, you must believe you are doing the best.

Jim: Most agencies are still operating on same basis as in 1990s – do they need new strategies?
Searches become time consuming and difficult – companies have to produce more results and don’t have time to find images.  We give them 10s of thousands of choices! 
Therefore, Jim suggests they need to separate the images which have actually been licensed and let clients search that smaller pool first.  If companies are reluctant to do this then the images could be separated into images uploaded in last month or 2/3/6 months etc.
If an image is unused / not licenced in the past then it’s should be set at a lower price.

TJ: sells images at $3.99 but gives 100% to photographers.  However, the average market price for the majority of images is $20 and photographers receive 20% - less than $3.99. So although $3.99 isn’t much it’s often more than getting 20% of a higher value sale.

Delegate: Why shouldn’t an image be more expensive if it hasn’t been used, could be more valuable to users?  Compare it to the art world.
Jim: doesn’t agree the analogy of looking at images in the same way as in the art world.

SM:  How many in the past year, have done better than previous year?  Approx., 25% of the delegates raised their hands.

TJ: seems that we are all saying ‘know your customers’.
You can’t serve the entire market so need to know who your market is.

TS: exposure is important.  Exposing content is very important to ensure traffic.  He doesn’t feel aggregating companies as Jim is proposing is the answer unless marketing budgets push traffic towards it.

Jim:  A small % of customers account for most of the revenue; there are lots of new users, but they don’t generate much income.  Shutterstock’s growth of downloads amounts to 1.5% over 2016, but they added 48% more images.  However the growth in revenue is coming from  only 36,000 clients, rather than the 1.6 million clients.
Maybe there is something in the idea of the aggregated company to share costs and marketing and generate more revenue?

News from the Editorial Market
Moderator: Paul Melcher, Melcher Systems      Panelists: Jonathan Wells, Tom Tramborg, Ben Pfeifer, Gary Hershorn

Overview

While the big stock photo agencies are battling for the bigger piece of the pie, a flurry of smaller startups have recently entered the editorial market. Does this mean there is a revival or are they battling for sparse leftovers? And, what does it mean for the stock photo industry in general? Is editorial the next big market.

Notes

Jonathan Wells(JW)SIPA USA: SIPA focuses on US news, mainly images that are good for national and international market. They distribute to between 30-40 territories on daily events. Sees potential for other revenue streams and a lot of value in creating automisation and processes to help photographers.

Tom Tramborg (TT), The Mega Agency: Mega Agency – editorial agency was used to being a photographer’s friend – now there’s a high degree of automated processes to be able to pay higher commissions, real time sales reporting, new approach to how and to whom you can sell editorial content.

Ben Pfeifer (BP), Shutterstock:  Shutterstock is mainly a technology company. Easy to license creative stills, and has had a recent push into editorial in last 18 mths.  They chose to invest in this direction because it’s what customers have been asking for. They want the speediest possible access to live events.  But you need more than just technology, so they offer access to events and uniquely positioned photographers to be able to get the unique images.

Gary Hershorn (GH), Fox News: As the person in charge of the front page of the website he has to determine what is an editorial photo – some commercial photography can be used in editorial space. And vice versa. 

Paul Melcher (Paul): Which is the most important - the first sale or the archive sale? What is the value of archive? Much content has short shelf-life. Why publish one image for a story when you can use ten?  –  These are the questions everyone is asking.

JW: feels there is a huge and growing demand for historical content. For TT it is a matter of guess work and he sees that perceptions have changed as to what this includes.
GH:, says it’s most important for agencies to figure out how to get images out faster. How can they compete with the TV agencies to put live content on the air? 
BP: the amount of visual content consumed is huge. But where it comes from has changed with less in-house photographers, they are now more dependent on outside sources.
GH: Facebook also alters the way images can be searched – e.g. when recently 58 people were killed in a mass-shooting in Las Vegas, he was able to find photos of each of the 58 from Facebook. He added that although there are some special collections, the majority of content has a short shelf-life.

  • Is SIPA working more with amateurs?  

JW: Not really.  Celebs have taken control of their own social presence. On the other side publishers are not afraid to publish images and not pay a penny for them. Previously magazines would pay a huge amount of money for an exclusive on a celeb.  Now celebs Tweet or Facebook images daily.
TT: Mega will pay for content on occasions, they sell a lot of 24 hour exclusive deals, whilst before they would sell one story for a shed load and the publisher would sit on it for weeks.

  • Pricing structure: What models are they using?

JW: need to be flexible, but mainly traditional.  It can be time consuming. There’s more flexibility in the subscription model which they also use.
BP: Editorial must be multi-faceted.  Can’t sell paparazzi content through subscription!  Adjust to customer needs, broad mix of content and sell up across a range of options to be able to attract the different contributors.
TT: Agrees  the need to adjust to the contributors as well as customers.

  • When are staff photographers still used?

JW: days of assignment fee and giving revenue share are over.  Need flexibility to offer the content in less traditional pricing models.  Try to pick and choose assignment on wholly owned content.
BP: Shutterstock work with range of contributors to acquire wholly owned content.  Important to assign a photographer to the right event.  With low shelf life of content, got to balance this.
JW: We have to get that picture whatever the cost. 
GH:  if an image is tweeted the editor can take it and use it as long as it is ‘framed’ in Twitter frame.  So we don’t need to own it or buy it. Access is an important factor.
TT: To get credentials for access can be difficult and take time.  The way to get them is through partnerships with agencies e.g. SIPA. Need to respect the access and take care how and where images used.  Can’t cover events if you don’t have credentials and can’t get credentials if you don’t cover the events!

Delegate: The corporate market – is it editorial? Is it a growth area?
BP: We think it’s a growth area. 

  • The Future? What are the new platforms?

JW: Good news is that the price has dropped so low.  Need to be able to keep up with the technology. Try to automate with fees, sales reporting etc. Maybe some clearing house …?
TT:  Thinks we’ll see more revenue tied into commercial revenue, constant growth in the need for multi-images of a story developing.  Speed is a challenge to deliver fast enough to compete with tv channels.  Need to know how to monetise an image.
GH: Taylor Swift and Justin Beiber released image of themselves – no one makes money out of it.
Breaking news is more or less broken on Twitter and Instagram
Most social media images can be grabbed. Increase in images being leaked - like Las Vegas gun released by policeman probably.
BP: There’s a need to embrace more and different licensing models.  There is still the option of charging six figure fees for a set of images – that’s not going to stop.

To sum up: more automation, less personal connections; speed is vital to compete with tv networks; invest in getting unique access for photographers; large and growing market for editorial content coming from a range of photographers – more people on the ground; content searched now through social media; most images have a short shelf-life; celebrities managing own images; need new licensing models.

Post-Usage Licensing / Found Money
Moderator: Doug Dawirs, DMLA      Panelists: Jonathan Thomas, Marcus Schmitt, Joe Naylor, Mathew Higbee

Overview

Copyright infringement costs you and your contributors’ money. Education alone doesn't work and copyright law isn't a law if it's not enforced. Come learn more about the discovery, assessment, recovery and copyright registration process and what's to be gained (and lost) in the world of post-usage licensing. Hear from industry experts from the USA and Europe along with legal counsel who specializes in the field.

Notes

80% of all images online have not been formally licensed.

Joe Naylor, ImageRights (JN): Company started in 2009, when it became clear to affectively enforce infringement / or take legal action, especially in the US, you needed to register your images with the Copyright Office.  This is an added service ImageRights offers in conjunction with infringement. JN showed an example of how simple it is on their site to register images making is accessible to both photographers and agencies for their photographers. It used to take 45 mins, via ImageRights clients can do it themselves online in less than 5 mins.  They have registered over 600k images with only 1% correspondence rates.  Once certificates are received back they are scanned into the system so when they are submitting claims ImageRights has all the registered information already which can be key for all future decisions.

Jonathan Thomas, ImageProtect (JT) They scroll known sites through Image Recognition, they try to clear as many false positives, then collect evidence, to allow for matching the data.
Monthly sighting, ration of image to sighting 50/50, filtering into folders for review, 2m images upload, 30m tracked per month – 5m new sightings.  Similar to JN comments, it is essential to have images registered, next in importance is a clear licensing history to allow them to match the data.  If an image is non-exclusive with multiple agencies it is nearly impossible to match the data, better to deal with exclusive images.

Do you concentrate on global or by specific country? 
JT: Yes globally but most probably the most lucrative is US sightings, it is less time consuming due to registering images.

Marcus Schmitt, COPYTRACK (MS): 2billion images are uploaded and shared online per day.  85% of online images are used without a valid license.  33% increase rate of image uploads per year.
Smart and easy to use system – 3 steps, images are uploaded through an uploader or API, select hits through an inbox, sort them as illegal or legal use, lean back and wait for the response.  Each image is given a unique id which they can enter into the portal - automatic calculation of compensation, can change this to your needs. COPYTRACK rights-clearing portal allows infringer to view the case and have the possibility of paying online available in 2 languages.
The process is: Customer – Claim Submission – Claim Review and Acceptance – Infringer receives post-licensing offer – Infringer fails to accept offer – Claim is evaluated by an expert – Infringer receives a call for damages – Then receives a legal dunning letter – Claim is taken to court.

COPYTRACK is currently operating in 140 countries. Recovery of licensing fees in certain countries is easier especially in Europe – 2nd is US, 3rd is Asia.  They have local lawyers, communicate in 12 languages with opponent.  Service is completely free, only if they submit a case and win do they take a percentage.

Mathew Higbee, Higbee & Associates (MH): law firm working together with COPYTRACK.  99% of their company work involves photos, from small to well established photographers and companies.  Working from small (less than 1000) to 8 figures deals.  They look at cases, if it is profitable they will then follow the case – unlicensed content is not just by mums/dads it also includes large companies – they call it loss prevention. There are two stages, conversation with opponent to solve issue pre-litigation, and they resolve case out of court 99% of the time.  It’s to stop these people doing the same thing in the future.  2nd stage is to go into litigation – the facts are cut and dry, you can see that the work has been used, next is to ask do they have a license?
95% of cases are solved in the first 90 days - these cases are very quick, really safe bets when analysed properly.  They’ve had 300 cases in the last 2 years, discovery on 10 cases. They do not get paid unless they succeed. 

  • How much time does the client have to put in?

JN: Agencies normally have one person reviewing sighting to work with IR to look at best cases to take forward. Once the agency commits to the time invested they will start to see the return every month.
JT: Yes there is pre-work that needs to be done, especially with registration.  Ball-park closing in-house as little as a few days but if it goes legal could be up to a year.
MS: Less than 30 mins, if collection  required then 2-6 weeks, with litigation, depending on the country 6-2 months, if it goes to court, it could be anything.
MH; Varies with the amount of time you spend on collation of images and data, certificate, licensing information , it can be very quick, and the more time you spend upfront the better the return.

MS: We have legal partners connected to our system and client can always see what’s going on.  Always space for a settlement.  Rights owner can always say when he’s willing to settle.  We will always try to get most, but will settle for less.
Registered content – this is different in different countries.  In Germany there’s no need to register, in China and USA necessary to register especially if you want to enforce. 

Delegate: how do you justify/defend the cost to the creator when you take such a large part of the ultimate recovery?
JN: technology to be able to do the search.  Filtering and sightings cuts down the search.  Any costs they do pursue the company takes the costs on behalf of the client.
MS: charge only 30% commission if it’s just legal and no court costs. Otherwise its 50%
Doug: the technology is so complex, and the investment is huge to develop these technologies to make it possible to access the information which is often very precise.
JN: we’ll pursue a case where there is no registration but mostly it’s done through in-house lawyers.  Currently it’s the majority of the cases, but as more creators register their images it will become easier to prove the case.

Motion Creators and Sellers – You have a moving image collection; what is your licensing strategy?
Presenters: Matt White, ACSIL         Panelists: Rick Ray, Alison Smith, John Schlauch, Ted Mendelsohn

Overview

Do you go exclusive, have multiple licensing agents, set up your own site, or all of the above? Besides revenue split, what factors drive your licensing agent choices? Marketing effort? Ease of uploading?

Notes

Matt White explained who ACSIL is and how footage sales have changed over the years from picking up the phone, speaking to a sales person and requesting footage that the seller is offering.
Technology made it more customer friendly, customers took control of the business, owners started to lay down the rules such as how they are receiving material and pricing. Pond5 and VideoBlock brought in new business when others started to dissolve such as BBC and HBO who do not sell their own content.  Everyone on the panel controls their assets.

  • How is the footage business going right now?  Will it grow?

John Schlauch, Tribune Broadcasting (JS) – it’s growing, many different user cases from corporate presentation to thumb nails on articles and that is where he sees it growing.  New technology has changed the landscape, pulling images out of film, metadata becomes specific for a variety of different needs for researchers. Their staff is shooting video every day.

Ted Mendelsohn, Associated Press (TM) – video is becoming prominent in terms of licensing, a lot of revenue was driven by text then photo, now it’s video.  Their clients demand more video, market is broad, everything they shoot today is archival tomorrow. Devices that capture video in the past are becoming redundant with everyone having the ability to shoot video through new technology.  This content is flooding the market and therefore diluting the market. Will quality be preferred?

Alison Smith, WGBH Media Library (AS) – No to growth, except in the educational market e.g. online book market – finding different kinds of markets; everything in the archive is from their documentary programmes.  Their jewel is the interview specials and they are unique in what they do. Buyers are looking for old interviews, e.g. seeing clips of countries suffering during an earlier crisis which were redundant, these are now being licenced to the student/educational market.  AS does not see that the market is growing.  They have digitized 12k clips now on their website and they have partnerships with Shutterstock and Getty which has done well.  More online articles are selling used by middle schools test/educational assessments – it’s a shifting landscape.

Rick Ray, DVArchive (RR) – Have been creating own content for 25 years, providing footage from 16mm film. They have around 85k public demand material no license fee is charged, only a handling fee for downloading the clip. Serves a young community who want it now by downloading using credit cards.

  • Have you worked with photo distributors to bring video into their world?

TM: There is a need to have an understanding of the context of the material which is more important than how to sell the material.  What is behind it not just the photo or the text. 
AS:  People we partner with value the brand.

  • Terms, decision making process on how material is sell – What is your thought process on  why you partner with exclusive partners for example Tribune has an exclusive deal with Getty?

JS:  Audience and demographic is important – Getty has a huge audience, quality of the research and sales staff as well as what Tribune Broadcast brings to the market. Metadata is key – access footage on the platform.  Story telling that can be re-edited into another story. Tribune edits their own material not Getty.

  • What about working with a number of non-exclusive partners?

RR: Essentially it is trust, to ensure working with stock agencies, parting with your footage granting your permission or paying their bills on time.  Revenue is important too, personal relation at the company that you can e-mail/call that can give you instant information on your footage, sale etc.  Content is king, the more you control the better – owning and being able to control content.

TM: Sell directly but also have arrangements with Shutterstock they reach a market that is far broader that they can’t reach so are comfortable with this arrangement.  They do not just sell video but the whole package such as video, images and text.

  • Percentage royalty – used to be 50/50 now this is changing on behalf of the rights owner -  does that play a part in the decision process?

Absolutely all agreed.  RR - Under an NDA not to discuss royalty, it does factor in.

  • Do you expect advances or guarantee?

No not expecting this type of structure in the deal.

RR: Breaking news has a huge value to all these archives – if you can anticipate this - such as floods, disasters even with mobile phones there is a market for this type of incident archive. 
AS: You need to have the right metadata it has to be prepared upfront and with some companies you need to deliver this in a certain way.

  • Do you make deals that are territory based?

Yes and they work with exclusive video deals in various countries. 

  • Does it become hard now with the internet world?

Yes very much; It is hard to limit and contain material out on the internet.

Delegate: How do you make your collections known internationally what is your experience?
TM: Biggest issue is each country has its own laws which make it extremely difficult.  They have concluded worldwide licensing agreements, then it is the distributors’ responsibility to monitor and manage these rights.
AS:  WGBH has an international arm and distributors’ programme, if someone from PBS distribution was here they could speak to the question.
RR: Language is also an issue – other countries who want your contact can find your material. Therefore, information must be accurate on metadata etc.

Growth Hacking: Jump-starting Customer Acquisition and Retention
Speaker: Chris Franco, Woodbridge Growth

Overview

Chris helped run user acquisition at Jet.com and Fanduel, and helps get apps in the top 10 on the App Store. Here he shares best practices for discovering new customers, keeping existing ones happy, and generally pointing growth to the top right corner.

Notes

They are not an agency, they are an advantage – several of their customers are Jet, Fanduel, Digital, ClairtyMoney, Rhone, SurveyMonkey, Spring, Greenblender.

They work with all types of companies from large to small.

  • Define Your Success Metric

Time spent discussing vanity metrics is wasted time, Vanity metrics do not lead to productive action.  Success metrics are typically ratios or rates, they are inherently comparative ie you can (and should) track them with respect to time.
Social Media – Vanity Metrics would be the number of downloads – Success Metrics % of total users who use the app in the last 30 days.
E-commerce Company – Gross Sales in Sept – Cost per sale in Sept and how it changed from August.
Major Benefit is less stress and more results.

  • Optimize your Time, Energy & Efforts

Do less, but better, be hypothesis driven: We should still have the team come up with ideas and encourage participation - a bad idea is a good idea when we learn from it.

  • Communicating Value

Who are we trying to reach and what are we trying to get them to do? To know the market value, you need to know the market and know your audience.
Writing ad copy that resonates, creating content that cuts through the noise, identify their unarticulated needs and most importantly communicate the value.

  • Know the Algorithms

If you can communicate value to your audience and the algorithm you have a massive advantage.  E.g. how does Google know what to put on the Home Page.

  • Growth Culture

In conclusion you need to have an insight with action, hypothesis driven marketing is the norm.  Ideas are worthless until they are tested.  Live and breathe results, without passion it is pointless. 

Play to Win

  • How to you measure yourself against large companies such as Getty if you are a new start up?

CF: Facebook is one of the most lucrative platforms for marketing and communicating with your audience.  What makes it so good is due to machinery they have invested a lot into monitoring predictive click through compared to other social media sites.  Facebook Pixel - you should have it on your website to measure click through, it is like Google Analytics for Facebook.
Traditional marketing – make sure you are positioning your company within the right market, has its own unique voice rather than being part of the majority. Ensure your POD is communicate across all channels.

We are seeing the most success from Instagram for convergence.

  • Marketing Spend, tracking the success of print and off-line media?

CF: Several clients have done direct mail; try not to do it in isolation, but part of a measured approach with different media.

The Future of Content Creation and Consumption
Speaker: Scott Braut

Overview

Scott Braut is the Head of Content at Adobe, where he leads the acquisition of content across photos, vectors, videos, and other creative assets, and drives the overall content strategy and operations for Adobe’s Creative Cloud business. Scott is a well-known leader in the content space, with over 20 years of experience in content licensing, product development, eCommerce, and digital media. Join Scott as he shares his industry insights on the technological, cultural, and society shifts that have given rise to the revolution of content, and how Adobe has embraced these changes with technological advancements, new product offerings, and meaningful partnerships. Scott will also showcase the latest innovations from Adobe designed to help content creators and consumers keep up with the demands of the ever-changing stock and media industries.

Notes

Adobe Stock Content Team – main responsibilities around content development and partnership, curation and quality assurance, artist and partner relation, content integrity.
VIP creative service across all content types from photos, vectors, etc.

Why is Adobe in Content? Adobe’s mission in the broader sense is changing the world through digital experiences.  Experiences are fundamentally visual in nature and our clients struggle to accelerate their ‘content velocity’.

Creative Cloud 2018 Release will give the user a solution to a 360 degree.  This will allow streamline collaboration, secure assets sharing with your team, store and share assets and attributes, mobile to desktop workflow, style guide, branded elements, logos and assets secured through encryption. 

The templates are self-contained files which allow them to be directly opened and have all your assets, including all your font files.  They are now providing motion graphics templates, editable templates you don’t need to write code to use; it has a very high profile for your presentations.

90% of creators are using Adobe Photoshop.  17,000 employees within the company, there is a sheer level of collaboration across the group.

Partnerships – Reuters, content now live, 10m editorial images, 26k hours of video.  USA Today Sports Images, 10k events covered a year total 500k images.  Pond5, Stocksy (as part of their premium collections now just crossed the 500k mark), Tiny Atlas Quarterly (online lifestyle magazine).

Events – Please don’t treat Adobe as a distribution channel but more as a partner. Adobe MAX Design Conference with 12,000 attendees, which is the annual flagship event, mostly designers, photographers, technologists, artists. The creative industry.  It’s a chance to connect with the Adobe team and think about your content.

Recently did a partnership with Edvard Munch Estate, we took the artist’s original brushes and turned them into Photoshop brushes.  Adobe does a lot of contributor story telling through Create Magazine.

Trends & Innovation:
Scott does not believe there is too much content, and feels it is the most overused statement in the industry.
There is a change in the amount of content being created, in the last 5 years it is higher than ever at 65%, where 21% said it was the same and 14% has decreased.
Change in use of stock content is  more designs over the last 5 years – Higher 51% / Same 39% / Decrease 10%
Content that coverts: measurement is increasingly important and disruptive. Your customers are being measure on tangible things such as open rates, engagement, purchases and revenue vs what users saw or received – hits, views, impressions. Motivating them to act on your content is now critical.
Are you creating useful and usable content, e.g. formats and composition and variety and variation so users can use content for multiple formats, channels and usage. How are you pulling this into the content creation process?

Recently released Adobe Spark with premium features, it will transform the way content is created and preserved. 

Audience require segmentation: common requests – same model in different environments. Same environment with different models, authenticity, demographic diversity and inclusive.  It is morally imperative that your collection is diverse, commercially imperative.   Who are you mentoring and participating with?

Adobe Sensei – machine learning and AI platform.  Massive volume of content and data assets at its core. It will amplify human creativity and intelligence.

55% of creative say AI will not take over their job responsibilities.
Adobe Research some of their main area: $750,000 distribution to 15 universities, and an ongoing collaboration with 50 university.  Fellowships and scholarship including women in technology.  The research has been applied to such things are 3D-printing, applied to visual search image, face tracking. Part of visual search is for colour, depth of field, their Beta site will allow for aesthetic filters.

Deep Learning for Content Understanding, automated keywording.

Breaking the Frame: The Format Revolution
Moderator: Dennis Radeke, Adobe       Panelists: Tawnya Crawford, Joseph Panker, Michelle Novak

Overview

While 2D images still dominate the marketplace, they are being challenged by new formats (3D, VR, 360°, panoramic, cinemagraph, GIFs). Expert panelists will discuss which ones, if any, will take over, how and why.

Notes

Tawnya Crawford, Getty Images (TC) – there are a lot of buzz words about new formats being highly emotive, shared experience, immersion, giving users new experiences and taking them to places there haven’t been to before or unseen. 

Search results from new formats have increased such as:
Extreme by 34%, Snapchat 80%, 360 Degree 94% and VR by an incredible 321%

There has been $5b invested in VR since 2010, market projection indicates it will be worth $180b by 2025, largely due to our smart phone which is the game changer.
There are 3.5m images shared every minute on social media.  The 2016 Olympics allowed Getty to embed 360 gear/cameras with every photographer on the ground.

Michelle Novak, Panoramic Images (MN) – Panoramic aspect ratio of 2:1 or greater, taking panoramic photos has been around for years from 150 years ago with the first camera to mobile phones today.  Panoramic has content on film format to digital and can scan all formats of film negatives. They also have portrait panoramic images. Technology is only getting better.
MN stated Human vision is Panoramic, therefore it has more of an impact and experience.

Joseph Panker, Come Alive Images (JP) – stock gif agency.  Licensing gifs as stock there is a need to be able to search for an image that has both still and moving elements.  They create custom Gif on assignment.  A Gif is a short looping image, there are a lot of definitions and rules, as a brand they are style agnostic, keep it short, idea should be 1,2,3 second and looped.  Gifs are the top search on tumblr, they are shared more than photos.
Types of gifs, traditional – everything moving, selected cinemograph, traditional made from movie files and they look the best quality. Another type of loop is time-lapsed.
What are the trends in the Gif world - styles are changing, and formats are moving fast.  There is a strong appetite for this type of material.

  • Why are we finding a rapid movement towards emerging new innovative formats?

TC: Feels it is our smart phones.
MN: The economy, kids learning how to code, you can still do a lot more things with your phone and technology makes it more accessible.
JP: Internet in general is interactive encourages and rewards people to give them more attention.

  • You each bring experience what are your thoughts on what formats are new?

JP:  Gifs have been around a long time, what’s the change in the level of artistry, how interesting have the pictures become?  Taking something old and putting a more beautiful interesting spin on it.
MN:  In the space of 2D and 3D, make content usable in multiple different formats.
TC:  This is a new format, VR is more cinematic that will truly transport users.  VR can be a canvas and lay on 2D images or video to create a marriage of old and new.  Reimage archival content.

  • Some older formats such as polar, film and even vinyl are making a come – can there be a market place to support this?

TC: We have an unquenchable appetite for content and material that is accessible.  I believe there is a place for a lot of different formats and we’ll see what wins.
MN:  Similar to TC, amazed at all the different places you can print an image, different ways to display along with video, direct mail campaign, social media e.g. Facebook.  There is always a need for more content.

Delegate: Giggapan robot are you finding non-media usage to Panoramics such as on bathing suits – what do you feel about this?
MN – Giggapan is an interesting camera, a couple of their photographers have tried it, what they have seen is a lot of distortion, but this could be the operator.  Panoramics, yes with fabric, amazing where you can print these days.

Delegate: Gifs on social media is growing, licensing model must be through large social platforms, is that your primary licensing model?

JP – Social media is an application but they work well on website, banner ads, email marketing is big with the click through rate higher; lots of different applications. 

  • Is there one particular outlet market that is really gravitating to this content?

MN:  Will be in more traditional markets, but we are seeing that these images are used on TV – not quite their area.
TC: What we see so far, is motional brands are starting to use these formats a lot more, opportunities to tell stories, very important right now.

  • Would you each comment on each other’s formats?

JP: I like what’s different and fun and I like being engaged, my attention captured.
MN:  Very excited about Gif, but I like what everyone is doing, e.g. the VR360 and the commercial applications. Good that the bigger companies are making inroads into these markets.

TC:  None are odd ball formats, loves Gifs / panoramas which she feels are gateways to innovated formats.
Legal Developments You Need To Know
Moderator: James Oh, Adobe       Panelists: Nancy Wolff, Margaret Vincent, Lisa Willmer, Will Clark

Overview

A panel of attorneys with expertise in the content licensing field will present on developments in the law and best practices tips to help you navigate content licensing, avoid pitfalls, and become more effective.

Notes

Tattoos and Street Art Licensing
Nancy Woolf started the session with an overview of how to view whether or not tattoos and street art need to be licensed.  Street art can refer to graffiti or a tattoo – and there is an artist/creator even if there’s no frame. So it does need licensing.  There are particular issues with video games licensing this content.  For an editorial image you need to present a person as they are with the tattoo, it would be hard not to these days - so many celebrities have tattoos now.  But there are situations where you need a release.
Nancy cited an example of a music video where there was a lot of graffiti in the background and the artist made a claim.  As this was settled out of court she doesn’t know how it was agreed.  She suggested that the main way to determine whether a claim would be likely is to look at how significant the graffiti is in the image, even for an editorial use.
Will Clark said that Shutterstock has seen a rash of claims made in relation to graffiti.  Some graffiti is generic others are not, and Shutterstock is careful to educate contributors and reviewers.  Getty is doing the same Lisa Willmer agreed, educating selectors and making sure images are in the right place in the collection.

Role of electronic releases
Stocksy is using either electronic signature or digital signature and Margaret Vincent thinks these are stronger and more reliable than analogue.  You can audit an electronic signature which makes it stronger with time and in terms of IP.  Stocksy has an App which enables taking a photo of subject holding signature which offers more authenticity. 
All agreed the need to create the right language for a release.
Margaret recommended an App called Easy Release for android and Apple. The language can be adapted and adjusted to your style and needs, but advised to keep it simple and clear.

Fake News
The quantity of fake news has exploded! Will Clark says Shutterstock is seeing a large increase in the number of complaints.  The level of difficulty in verifying or tracking will depend on the territory.  He asked ‘What is fake news? – what about satire?’  Shutterstock cannot be in the position of taking a side.  They have updated their terms of reference to include reference to deceptive news.

Exceptions to copyright protection
Nancy is frequently asked ‘Why can’t I use images from Google but need to buy it from Adobe?’ There is a strong culture now that people don’t think twice about downloading an image off a browser and using it.  If it’s on the net it’s in the public domain. Public domain means there’s no copyright protection on the image.  An image found on the net doesn’t mean it is in the public domain, and even if it has a Creative Commons (CC) license attached it doesn’t verify who really owns the rights to the image.  Licensing gives you indemnity, protection and provenance.
Lisa added that you need to know not only about the images but what’s in the image which may have copyright in it.
Nancy continued explaining that a CC license doesn’t automatically mean you can use the image, and fair use cannot always be applied.  The case of Richard Price is an example of Transformative Fair Use.  In this example several models from and agency posted their images on Instagram. Some images of the models were posted by others. Richard Prince decided he liked the images and produced large prints with minimal changes to the images, selling them for five and six-figure amounts without any permission through his own and other galleries.
In this case the girls didn’t sue Prince, but the Agency owner posted that she was selling prints at $90 with proceeds going to charity.

Credit & Attribution
It is hard to enforce attribution on an image in social media says Margaret Vincent, but Stocksy will ask for an attribution/credit to be added if you use a stock image without alteration and put it on Instagram as if you took the image.
Both Shutterstock and Getty agreed that their positon is that attribution is essential and Lisa said that there’s been an increased number of complaints often accompanied by an additional CMI claim

Freedom of Panorama
Will Clark touched briefly on the fact that Panoramic images often include protected content, but a Shutterstock license has to warranty that there’s no alteration to image, so removal of branad names etc. would not be possible.

Privacy Considerations
Nancy reminded us that privacy is different in different countries and states.  In France in particular it is very important.
In USA someone in a private place can be photographed with a long lens.  In France you can be prosecuted – eg Kate Middleton holidaying in French location, the photos were taken down and a fee paid.  In the Paul Weller case in which his children were photographed when they were out on the street – the UK Courts considered it was a violation, that would not be the case in the US.

ReTouching Law in France
This is a new law just come into effect 2 weeks ago in France.  There is now a need to record that a body image has been adjusted or retouched.
Getty won’t accept the content as they can’t verify what’s been done and Shutterstock say they are still considering how to manage this.  Very recently in New York there was a big sign showing a model and a sign saying Unretouched Model !!

EU Copyright Reform
Lisa explained that Europe in looking at digital single market, the issue of the Value Gap has come up. This mostly relates to music, eg. Music appearing on YouTube which doesn’t pay the same as other users.  Getty looking at how to balance payments.  Also some countries require payments for use of search thumbnails – others do not.
Nancy added that the EU tends to be ahead of the US on copyright, because there is the need for harmonisation across Europe.

The Future of Food
Moderator: Andrew Rowat, Haystack       Panelists: Elizabeth Jaime, Danny Bowien, Warren Bobrow, Andrew Scivani

Overview

Do trends start on social media or do they start by marketers? On a daily basis there are over 160M images of food posted on Instagram by amateurs posting near pro quality images, and branders are re-posting these images for credit only, saving them money and time from having to create their own content. With only a few seconds to grab a follower’s attention, how do we create images that will be on trend for licensing with the competition of millions of images in social media? Our panel will talk about their views and predictions on food and beverage trends which will give attendees a glance into what will be trending on social media in the future.

Notes

  • How do you view your social media channels?  Why are you posting on social media and what do you expect to get from it?

Warren Brobow (WB)responded ‘my blog is my work’ echoed by Andrew Scrivani (AS),’My blog is my portfolio.’ With 30,000 followers I get 10% return – 3000 hits on an image is huge.  That follower number is currency.  It means that the picture is resonating with a live audience.

Andrew Rowat (AR) asked what it means if one image gets more hits – do you go and bake more cakes?  Two of Andrew Scrivani’s(AS) biggest successes are images of tomatoes with 4200 hits! He doesn’t use hashtags as it doesn’t add more value.  This means that the only people viewing the images are his followers, not followers of followers.

Elizabeth James (EJ) from Bon Appetite says that nearly all images are taken by staff.  They want to use Instagram for what it is – off the cuff, what you ate on the weekend… taken with your phone.  They want authentic images, seasonal; home-cooked in summer, winter more in restaurants which gives a nod to the restaurants too. EJ likes the way they use social media as it shows they are people like their followers, and that the brand is attainable.  She recommends that we post images that are part of our lifestyle, that show the synergy between work and life.

For WB the images are there because he likes to make you hungry and thirsty and his visual posts are his passion.

Danny Bowien (DB) however says he hates good photography! For him it doesn’t show the experience of the diner and the mystery is taken away from the experience. He sees using social media as how much noise you make in the food industry. However his personal Instagram does has food pics, mostly to document the dish he’s cooking.  He thinks of Instagram as an unrealistic way of working in life.  Makes people feel they can’t do as well as that image.  People photograph the food in his restaurant and you can’t tell someone that they can’t. But he says “I don’t care what they do just what they pay!”  For himself he doesn’t want to look at social media, it stops the creative process.  With food, people appreciate it if it’s beautiful more than if it tastes good.

AS: Traditional photography fetishes every angle of the food.  He doesn’t work directly with chefs or in restaurants. They will send him recipes and his team interprets them, which creates a diff dialogue. 

  • What is your goal when the images hit your desk?

EJ: It’s different if the photographer has been commission specifically for the magazine.  They will sometimes have the chef on set; it’s all about having the authentic feel to the restaurant, dish and chef.
AS: Nearly everything is shot from above these days – technology has made a difference to how we shoot, changing depth of field is now more manageable.  Photography from above is a Tech driven trend.
EJ: The web department want more overhead images, to give feeling of attainability.  In the print world they are looking at what’s next?  But she thinks this organic look is losing ground, and images are being ‘ramped up’. Is web the place for attainable and print where we can go crazier?
AS: Are we trying to give them the ‘real’ or teach them about fine art?
EJ: They try to balance the different perspectives.  They want to create a magazine for an older generation and also want to push the envelope, to challenge the photographers.  Bon Appetite has changed dramatically in 7 years. It was seen as a old traditional magazine and now it’s attracting younger people but they also want to retain their older audience too.

  • AR asked about Andrew Scrivani’s more recent work with video.

AS:  Lights! Camera! Food! Video!  The video has resulted in being offered new opportunities. A producer heard how he talked about creation of photography, and thought that he’d be a natural director and taught him to direct commercials.

  • Danny - Do you think about enhancing your brand as you work?

DB: I think so – visibility, is important.  The screen is a promotional tool.  I need to interest people like my dad and a 19 year old kid. 
WB: There is the need to mix all recipes used for his books, because he wants to make sure that everything works out.  They need to taste good and work at the end of the day.

Delegate: Do people want images to look good or taste good as well?
AS said that ‘they want to be part of it, to be there.’
WB: People are also want to live vicariously through the images.

Delgate: Where do you look for inspiration for photographers?
The answer was clearly divided by age group: Over 40 – facebook; 20-40 instagram; Under 20 – snapchat

Delegate: Which dish would you never eat again?
AS: ‘I wouldn’t shoot another frittata – love to eat it but not shoot it!’

Motion Buyers – You need moving images for a production, what criteria drive your library sourcing?
Moderator: Mary Egan, FOCAL Int       Panelists: Bobby Dicks, Cristina Lombardo, Avery Fox, Rosemary Rotondi

Overview

Is it the depth and breadth of collection, ease of search and quality of metadata, pricing, subscription models, bulk deals, Indemnification and rights protections, a sales person to talk to?

Notes

  • Mary: What are people looking for and how do they tell you what they want? How do you get through the vast amount of content?
    All agreed that the main issues are lack of lead time and researchers not always knowing what they want.  Many are amateurs not the professionals like Rosemary, who will know an archive’s strengths and has experience and stored knowledge.  It is those qualities which aid the research process.

    Mary: Is instant download preferred by buyers over going to the direct source?

    Avery Fox (AV), Vice Media - prefers direct downloads over having to find the rights. Going to Pond5 is a good option for buyers, click to buy model is great. Obscure is harder unless you have a great researcher.  Finding who has the rights is the biggest challenge for the in-house legal team.

    Rosemary Rotondi (RR), Independent Researcher  - One of the main issues for is the difficulty she has of the fair use blanket statements from producers.
    Cristina Lombardo (CL), Vice Media -  It’s the need for warranties on the images being released.
    Nancy Wolff commented that some users use found images/motion, but they can’t give warranties on the licencing, as they don’t know the source.
    AF:  Permission may not always be given especially if it is a documentary and it puts the rights owner in a bad light.  It is generally easier to get usage for audio, and harder to get permission for imagery for footage rights.  He reckons that Youtube users will be hit with more Cease and Desist orders once there is software for recognizing moving images.
    BD:  Ecommerce licensing is different than face to face. Speaking to a person gives the client a chance to discuss and negotiate.

    • It is near impossible to find snippets online that violate usage. Is there a difference between marketing or editorial?

      Cl:  For Vice Media there is a difference between broadcast for shows and regular news. They’re more expensive and some clients will not use famous faces if it is a news snippet. 
      RR:  It’s more a rights issue; everything has to be rights cleared on the video, from talent to others featured in the video.
      BD:  They clear usage before licensing to clients as they want to see if the message that is in-line with CNN licensing policy.

      Bobby asked Avery if Vice Media ever commission work?
      AF:  Lion’s Heart licensing put a production together to recreate themes for clients. Lion’s Heart will retain the rights, and then license on to clients. Sometimes user generated work is also brought in, and untapped. They will put out a call for certain footage for a price, however the vendor retains rights.

      BD: sees the need to protect the talent by not allowing misuse of footage. After finding out that the content is used for a derogatory way, they will work with the client to remedy this.

      • What is the best way to market to CNN or Vice?

      Send emails to clients with the latest in the collection. Researchers will look for the best content whereas the single user will use Google search. 
      AF: At Vice Media the employee base is so young, most of the training is about usage rights.
      Google should have a system of flagging images that can be licensed. Google is the best research tool for imagery.
      With orphan works, if you’ve done your due diligence on trying to find the owner, and you cannot, most likely it is open sourc
      Opening the B2C market is about explaining why the user must pay for licensing.
      Maybe partner with a larger agency
      Get on footage.net to advertise your footage

      • What one thing would make clients lives easier:

      Quick legal team
      Warranties
      Good relationships
      Know the rights you need for the footage

      Be reasonable on your pricing
Young Guns II
Moderator: Ophelia Chong, Stock Pot Images       Panelists: Joshua Kissi, Joseph Lombardo, Jessica Pittway, Philip Edsel

Overview

Images in the Age of the 45th: As we move towards an audience that judges within seconds on whether to engage or swipe left, we as image makers need to rethink how we gain and retain viewers. How does the group who will be most affected by decisions made in the next four years see the world in their choice of imagery?

Notes

  • Jessica Pittway, Photographer (JP) – specialises in flower pictures. Graduated 2016.
    Joseph Lombardo, Curated Artists (JL) – been in the business for the last 20 years, honours the traditional model of advertising but also social media advertising.
    Joshua Kissi, Street Etiquette (JK) – cofounded stock photography agencies TONL
    Philip Edsel, Photographer (PE) – fitness and fashion, stylised, potential energy. Wrote the first ever Instagram novel.

    • When did you get your first iPhone

    All answered, as teenagers.

    • How much do your clients come through social media?

    JK: All of them, because more people are aware of your work.  Sharing professional work without asking you – it’s the world where people can do want they want. When I post on the internet I am aware that it can go anywhere.
    JL: It’s important to see work everywhere, if a client uses content inappropriately, then yes we will chase down rights.  However, he’s aware of how important it is to have your work viewed.  Does a lot of re-posting but will ask his artist if they can re-post, always with permission.  If someone exceeds their rights he will send a ‘cease and desist’ notice.
    JP: Work has not been shared without attribution; he is open to sharing most of his work, being smart and creating an opportunity for the bad guys to do such things as reducing file size, for they cannot create prints.

    • What TV programmes do you watch or have influenced you?

    JP: Looney Tune, Flintstones.
    PE: TV did not influence him, it was more film and music. He has shot a few record covers. 

    • Instagram is more value and return to stock than any other social media platform such as Facebook, do you agree?

    JL: suggests his photographers should use Instagram, it’s a way to educate and inform other photographers – especially sponsored e.g. camera equipment.  

    • Do you reflect around you or what you like to see?

    PE: Images are stylised, looking for lines and angle, he takes out anything that is distracting – focuses more on design photography
    JK: between both, when shooting for clients will follow their style, however journalist require you to shoots as is.

    • Do you sell your Instagram feed for a day to clients?

    PE: Yes, worked with Crate & Barrel. They came up with a story that due to its strength worked well on his Instagram feed.

    JP: Yes, especially if it’s in-line with something that she is doing.

    • In the last 5 years what is the state of Photography and where is it going?

    JP:  Just do what you think is authentic and you are interested in. 
    JK:  Stay true to what you want to do, e.g. he works within his community – over 10 years shooting people of colour, does other work but he has been influenced to shoot groups of different ethnicity and sexuality.  Instagram is looking at other peoples’ interests and perspective. Anyone is their client, bigger than stock photography, more about the idea and what it represents – changing people’s perception.   We need to be more truthful about how we are living, not to make people uncomfortable.
    PE: One of the biggest effects and results we all have is the authentic - you immediately react to it.  Bringing sense of voice.  A whole new generation who want authenticity.
    JL: Yes, their clients are also finding the same.  Taking the original photograph and morphing it in some way, authenticity is really in the eye of the beholder.
    JP:  How do you connect F2F or online, who do you know the most, in person.  Follows people in Instagram, but her community is more with people she knows. 

    • How do you treat your online community?

    JK: He has friends he has never met, e.g.  for 10 years they have a good relationship. A lot of people he works with are both off and online, a blend.
    PE:  People will always find a way to connect and have a relationship, instead of thinking of who wants to see it, it’s more ‘who people are’.

    • What is the future of stock through authenticity, how can we show this through photography?  How would you describe stock?

    JP: Stock is an opportunity to tell her story, illustrate what is going on in her head.
    JL: Stock is a valuable accessory to what he does, everything is an evolution, the stronger we get we can raise the bar.
    JK: He agrees with JL, it’s a vehicle to improve, to change the world, just need to figure out how.  Stock is something that is dated, challenges everyone not just to say Getty/Shutterstock, improving what stock photography is to people.
    PE: Fighting the same enemy, marketing conversation was UGC, the new thing that will be detrimental to the photography industry, but does not feel this.  Future is In the future, having the point of view that is authentic to the world.

Our Sponsors