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Websites Can Sell Your Stuff

Wednesday, May 11th, 2011

Those pictures you took of yourself and your friends at that party the other night? How would you like to turn around and see them on a billboard for a product you’ve never heard of?

That, and worse, is exactly what can happen now when you upload your pictures to a lot of popular web services.

You know those unbelievably long “Terms & Conditions” that pop up whenever you sign up for a website or web service? The ones that are so full of legalese as to be incomprehensible? The ones that you never read, but instead just scroll to the bottom and click “I Accept”? You always know that’s a bad idea, and that you really should read them… and you always know, in the back of your head somewhere, that somewhere buried somewhere in those agreements is something you don’t want.

Well, in the case of TwitPic, the ubiquitous service for Twitter users to post pictures, that “something you don’t want” is giving TwitPic the right to sell your pictures and videos… to whoever they want, to be used wherever and however they want. And they won’t even tell you first (Facebook also has similar language that lets them use your pictures in ads, etc without telling you).

TwitPic changed its “Terms of Service” yesterday to add the following:

You retain all ownership rights to Content uploaded to Twitpic. However, by submitting Content to Twitpic, you hereby grant Twitpic a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Twitpic’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

That means anything you upload to TwitPic they can turn around and sell (without giving you any of the money, by the way). Who would they be selling it to? Well, it turns out that yesterday’s change to the “Terms of Service” isn’t a coincidence: TwitPic just signed a deal with the celebrity gossip content agency WEBB (yep, the people who sell pictures to the National Enquirer and other gossip rags) to have access to all of TwitPic’s (ie, your) pictures & video.

In reality, it is unlikely that TwitPic would sell your pictures of your less-than-sober friends to anyone… because, let’s be honest, while they’re interesting to you, those pictures aren’t really financially valuable to the rest of the world. But, if you happen to be at the right place at the right time and take a picture of something or someone newsworthy, or take a particularly striking or unique photo? You can bet TwitPic is going to turn around and sell it without even telling you, and your picture will end up on a website somewhere (probably a website of questionable integrity, since those are the places that buy content from places like WEBB) and you won’t even know it. TwitPic will make a bunch of money, and you won’t get a dime.

As I mentioned, these types of arrangements are becoming increasingly common with web sites and services recently – Facebook, Instagram, YFrog and most other Twitter photo services all have similar language in their Terms of Service. Basically, you have to assume that any web service you use has this type of legal language. For professional photographers, these agreements are particularly problematic: If, for example, I’m working for an outdoor equipment company and make a landscape photograph of a hiker on a trail and I were to upload that photo to Facebook, TwitPic, etc., I can’t legally give my client exclusive use of that photograph, because by using their services, I’ve already given Facebook or TwitPic the right to use it… and therefore, my entire agreement with my client is void. As a result, professional photographers know not to use any of these services with any of their work that they care about (which is why you’ll see very few photos on my Facebook or Twitter profiles!).

The moral of the story is, be really careful what you do with your photos. You may have agreed to something you don’t necessarily want.

Tags: copyright, Facebook, Instagram, National Enquirer, Terms & Conditions, Terms of Service, TwitPic, Twitter, WEBB, YFrog
Posted in Field Notes, News, Projects | No Comments »

Photo Contest Winner

Wednesday, March 10th, 2010

A week or two ago I learned via Twitter (you can follow me at @chriscontiphoto) of a contest for “Best Snow Photo” being run by Lens Pro To Go, a national pro gear rental company that is based locally. I don’t have any snow photos that I think of as particularly great, but just for the hell of it I submitted a shot from back in the archives (from so long ago I don’t even know what it was for). Lo and behold, turns out that shot was picked as a finalist, and then in popular voting went on to win the whole competition (and not to brag, but won by a landslide, with something like 4 times the votes of the 2nd place finisher)!

The results are on Lens Pro’s website here.

For my First Place finish I will receive $100 in rental credit. Thanks Lens Pro To Go, and thanks to everyone who voted for me!

Here is the photo that got me the win:

Tags: @chrismconti, Best Snow Photo, Contest, First Place, Lens Pro To Go, Twitter, Winner
Posted in Field Notes, News, Projects | No Comments »

Teamwork

Friday, February 19th, 2010

This past weekend I was down on Cape Cod at a photoshoot organized by the amazing and veteran commercial photographer Jack Hollingsworth. Jack is a legend in the lifestyle and stock photography circles, and it was a tremendous opportunity to be able to come down to Jack’s studio and see him in action in person. Jack is an enthusiastic proponent of lots of forms of media, including both video and “new media” like Twitter, Facebook, etc. and his idea for this weekend was to put together a video about who he is and what he does, and showing him in action during a photoshoot.

The video is being produced by my good friend and accomplished Director of Photography Benjamin Eckstein, who makes some great videos. Jack, ever the uniter, brought together a group of vibrant and talented photographers, including myself, Brian Matiash, and Keegan Hobson, in addition to veterans Michael Skeggs and Glenn Bacci. Brian is an HDR (high dynamic range) expert, and Keegan is a wedding, engagement and portrait photographer who has his roots in landscape photography.

Ben and I arrived on Friday evening in Chatham, MA where Jack’s studio is located and he, Jack, Brian and I unpacked and set up a bunch of continuous lights and softboxes that Westcott Lighting had generously lent us to test out. It was a total photo-geek fest, as our friend Paul at Lens Pro To Go had generously lent us a whole pile of extremely high-quality gear (including a couple of 200mm prime f/2 monsters!) to use for the weekend, and on Sunday he even showed up with a brand-new, nobodys-even-got-it-in-stock-yet Canon 1D Mark IV body that we got to take for a spin (yes, I want one).

Yours truly with the monster 200mm f/2 prime from Lens Pro To Go (thanks to Keegan Hobson for the photo!)

Jack Hollingsworth's studio in Chatham, MA, full of lights, cameras, lenses, everything a photographer could ask for.

All of the weekend’s models came to us via the Tonn Model Management agency in Boston and they were all fantastic to work with. We brought them outside onto the beach and Chatham fish pier in 20-degree temperatures and whipping wind, and they handled it like champs.

Keegan tweeting in real time from the Chatham fish pier

Back in the studio, Jack had planned several ideas for themes, and he used a number of wardrobe and backdrop changes to keep up the variety. As good students of the digital age, we were rocking all the modern touches – tweeting and blogging in real-time, editing on the fly, processing and posting images as they were being shot. This is the future of photography, and we were in the groove.

The computer is as important as the camera...

I quickly saw why Jack is such an amazing photographer. His inclusiveness, his dynamism and his enthusiasm and obvious love for what he does almost immediately bring out the best in everyone around him. He is easygoing yet professional, and he gets results without making it feel like work. Everyone has a good time on his set. If ever there was a recipe for a successful photo shoot, this is it.

Moreover, he listens. He’s had a career of three decades, but it doesn’t stop him from paying attention to the thoughts and ideas of the people around him. Jack likes to say that he doesn’t actually know how to do much (take this one with a grain of salt… he does) but that instead he surrounds himself with good people. Again, if there’s a recipe for producing outstanding results, this is it.

Which brings me to the most lasting impression from the weekend. The Olympics are going on in Vancouver right now, and the thought that kept occurring to me all weekend long was the notion of how everyone (everyone) benefits from teamwork. Just like the hockey teams flying around on the ice, each of us had unique skills and specialties that, shared with the group, benefited everyone. As a team, we were all stronger than any of us were individually. I feel like photographers too often think of each other as competition, but the world of professional photography is so large, that doesn’t have to be the case. In fact, I came away from the weekend a stronger photographer, and I believe everyone present did.

Everyone came away from the weekend with fantastic stuff, and I can’t wait to do it again.

Finally, I’ll leave you with some of the images from the weekend: