70% of marketers are planning to increase their use of visual content on their eCommerce sites this year, and more than 75 million people use photo sharing platforms like Instagram on a daily basis. In the face of data like this, it would be absurd to shy away from using customer photos in your marketing strategies.
Yet incorporating user photos into your visual commerce strategy may seem difficult, since your company will be repurposing content generated by your customers and their friends. Don’t be worried, though: we’re here to guide you through the best practices for acquiring permissions for public images on social media!
Rights management is a hot issue at the moment. You may have heard about the actress Katherine Heigl suing the drug store chain Duane Reade for tweeting a photo of her leaving one of their stores. More recently, the artist Richard Prince came under fire for selling prints of other people’s Instagram photos for nearly $100,000 per piece. As a marketer, these news items probably sound concerning, but how do they pertain to you? They bring up the ideas of implicit and explicit permissions, which are rights management terms that are applicable to every business enterprise, from art world superstars to electronics retailers.
Implicit permissions operate under the assumption that by using your brand’s hashtag, customers consent to your brand reusing their photos. Here are the steps you need to take to use them. The upside, though, of implicit permissions is that they usually facilitate a faster initial process, but their downside is that their management can take up time and resources later on.
Conversely, there are explicit permissions, which dictate that a company outright asks a user before reusing their photo. We recommend using explicit permissions in order to give your customers a very clearly defined message about your rights management policies. Here is the typical user flow for this process:
COPPA stands for the Chlidren’s Online Privacy Protection Act, which was enacted by the US federal government in 1998. For Visual Commerce purposes, the following excerpt from COPPA’s FAQ section is important:
“The Rule requires operators to make reasonable efforts, taking into account available technology, to ensure that a parent of a child receives direct notice of the operator’s practices with regard to the collection, use, or disclosure of personal information from children, including notice of any material changes to practices to which the parent previously consented…
The amended Rule considers photos, videos, and audio recordings that contain a child’s image or voice to be personal information. This means that operators covered by COPPA must either (i) prescreen and delete from children’s submissions any photos, videos, or audio recordings of themselves or other children or (ii), first give parents notice and obtain their consent prior to permitting children to upload any photos, videos, or audio recordings of themselves or other children.”
If you keep these best practices in mind, you should have no issues implementing visual commerce for your ecommerce or omni-channel shop. After all, consumers love authenticity and engaging with brands, especially when those brands treat them with the utmost respect.