Dateline SXSW - I’ve written over the last year about how Instagram is creating a commercial service to supply photos for editorial and marketing purposes. The legal foundation was laid in January 2013, the service was turned on as a trickle last fall, and now it’s starting to get traction.
At SXSW, I spoke with some people who are making use of these photo streams. This includes people on the client side who are building campaigns with these services, as well as companies that help clients make sense of the photos and other data.
They have a name for it. The Fire Hose.
The analogy is obvious on one level. There are so many images coming through these services, it’s like the difference between a drinking fountain and a fire hose. These companies are excited to create engagement with their audiences by mining the millions of photos, tweets, Facebook posts and more that make up the world of User Generated Content (UGC). UGC creates a new kind of media engagement.
And the Fire hose analogy is also useful in another way. In these arrangements, the company does not pay for the “water” (the photos), they pay for the access to the “pipe” (the API.) This allows the service to sell access to the material in a way that denies that the photos have any value. The value being charged for is the underlying access to the Fire hose and the connectvity. (See Getty).
Of course, this has profound implications for the independent creator. If you put your images on sites like Instagram that are part of the Fire hose, they may be republished widely with no money coming to you. And use of UGC is creating a great deal of excitement for the client companies. It will take an ever larger share of the budget and attention of advertising, marketing and editorial teams.
Even though the use of the Fire hose does not replace the use of professional photography, it will certainly divert money away from it. I believe that it will take a while for companies to understand the best way to get a proper mix of UGC and PCC (Professionally Created Content, to coin a term.)
Still lots unsettled
I can also report that much of what I have previously identified as unsettled remains unsettled. This uncertainty is what is holding back the full blast of the hose. The unsettled issues are, in my view, primarily about the legalities of the TOU agreements.
• Are the rights in these contracts really something that can be sublicensed?
• Are the liability protections in the TOU going to hold up in court?
• Does the user really forfeit the right to terminate the agreement?
• Will there be a public relations nightmare in the early days that makes this a risky tool for marketing?
As we see companies pushing the envelope, we’ll start to find the legal and moral edges of what is considered acceptable use of the Fire hose. I expect that the boundries that we settle on will give Facebook, Twitter and Google an extremely broad right to make money from the Fire hose.
If you are a professional creator, it would be smart to factor this into your business strategy and your long-term planning, carving out a viable value proposition in a world drowning in UGC.